New York Court of Appeals

Child Against Chappell.

December 5, 18539 N.Y. 246

Summary

The Court affirmed the judgment, holding that an action of ejectment cannot be based on a claim to an easement for use of a wharf or basin, and that lease payments do not estop the lessee from asserting that easement right. The decision rests on the principle that ejectment lies only for tangible property that can be possessed, and that the defendant's easement was validly created by the partition deeds and dedication.