Fritz v. Tompkins
New York Supreme Court
Action to establish plaintiffs right of way across defendant’s farm and to enjoin him from interfering with the exercise of that right.
1Opinion of the CourtMattice, J.
The plaintiff and defendant are owners of adjoining farms designated as Subdivision Lots Nos. 5 and 6, in the easterly half of Division No. 29 of Great Lot No. 2 of the Hardenburgh Patent. Lot 5 does not adjoin any public highway and the plaintiff has no means of access to the public way except over Lot 6 or over the lands of strangers. July 9, 1870, one Isaac M. Paxmienter was the owner of both Lots 5 and 6. On that day he conveyed Lot 5 by warranty deed to one John M. Reynolds, and Lot 6 to one Ingraham Hurlbert. In the deed to Reynolds appears the following grant: “Also hereby granting…
2Cases cited14 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Palmer v. . PalmerNew York Court of Appeals · 1896
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Alley v. CarletonTexas Supreme Court · 1867
- Parsons v. . JohnsonNew York Court of Appeals · 1877
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3Cited by4 opinions
- Empire Bridge Co. v. Larkin Soap Co.New York Supreme Court · 1908
- Naccash v. Hildansid Realty Corp.New York Supreme Court · 1931
- Spruce Hill Homes, Inc. v. BrieantAppellate Division of the Supreme Court of the State of New York · 1941
- Falcone v. BenjaminNew York Supreme Court · 1926