Voorhees v. Burchard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 6 Bans., 176.) This was an action of trespass upon lands.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 6 Bans., 176.) This was an action of trespass upon lands. On the 14th August, 1860, Ransom Rathbone being the owner of certain real estate in the town of Rathbone, Steuben county, upon which was a saw-mill and grist-mill, made to Henry W. Rathbone a conveyance of a portion thereof, designated as “ being the mill property of the said Ransom Rathbone, in the village of Rathboneville,” then giving metes…
1Opinion of the CourtFolger, J.
No right or interest in the locus m quo is, by the terms of the conveyances, carried to Henry W. Rathbone or to Brady. But some things pass by a conveyance of lands, as incidents appendant and appurtenant thereto, .though not named therein. This is the case with a right of way, or other easement appurtenant to land. So that, in the case of a devise of a mill and appurtenances, that is carried which was actually used by the testator in his lifetime as appurtenant, or by his devisee soon after his death, or, in the absence of .evidence of either, that which shall be found by a jury to be…
2Cases cited8 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Barnes v. . PerineNew York Court of Appeals · 1854
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Child v. . ChappellNew York Court of Appeals · 1853
- Comstock v. . JohnsonNew York Court of Appeals · 1871
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