154 N.Y.S. 849 | N.Y. App. Div. | 1915
The action is in ejectment to recover a strip of beach land above high-water mark on Long Island sound. The appeal is from a judgment upon a verdict directed for the defendant. The defendant relies (1) upon his own title; (2) upon lack of proven title in the plaintiff. The plaintiff would trace title to Andros patent of September 29,1677, to the town of Oyster
Jenks, P. J., Stapleton and Rich, JJ., concurred.
The parties hereto having stipulated in open court that this case may be disposed of by a court of four, the decision is as follows: Judgment reversed and new trial granted, costs to abide the event.