Legal Opinion

Corning v. Gould

New York Supreme Court

Decided January 15, 1837PublishedCited by 50 opinions

This was an action on the case, for obstructing a way, tried at the Albany circuit in March, 1831, before the Hon. James Vandebpoel, one of the circuit judges.

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This was an action on the case, for obstructing a way, tried at the Albany circuit in March, 1831, before the Hon. James Vandebpoel, one of the circuit judges. The parties are owners of adjoining house lots in the city of Albany, situate on the south side of and facing State street; and plaintiff’s lot lying to the east of the defendant’s is now known as No. 106—the defendant’s lot is known as No. 108; both parties derive title from Henry Cuyler, who devised the lots by will, bearing date 21st March, 1689. Lot No. 108 was conveyed by deed under power contained in the will of Henry Cuyler, on…

1Opinion of the Court

By the Court, Cowen, J.

Whether the original documental title of those under whom these parties claim, carried a right in severalty to each owner in the soil of one half the alley, it is not now material to inquire; for there is no doubt that the user had fixed the title to a common right of way, long before 1825, when the building of Craig was erected. An uninterrupted adverse user of twenty years, in analogy to the statute limiting a right of entry, has long been held to confer a complete prescriptive title to a way or other easement, the extent of which is also to be conclusively governed…

2Cases cited5 opinions

  1. Welland Canal Co. v. HathawayNew York Supreme Court · 1832
  2. Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
  3. Lewis v. PaynNew York Supreme Court · 1830
  4. Demyer v. SouzerNew York Supreme Court · 1831
  5. Jackson ex dem. Van Schaick v. VincentNew York Supreme Court · 1830

3Cited by50 opinions

  1. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  2. Mott v. . MottNew York Court of Appeals · 1877
  3. Hennessy v. . MurdockNew York Court of Appeals · 1893
  4. Lattimer v. . LivermoreNew York Court of Appeals · 1878
  5. Thomas v. EnglandCalifornia Supreme Court · 1886

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