Dempsey v. . Kipp
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court of the fourth judicial department, affirming a judgment entered upon the report of a referee dismissing the complaint. (Reported below, 62 Barb., 311.) The action was brought to restrain the defendant from interfering with a private road which it was claimed existed over the defendant’s land in the plaintiffs’ favor, and to recover damages for obstructing the same.
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Appeal from judgment of the General Term of the Supreme Court of the fourth judicial department, affirming a judgment entered upon the report of a referee dismissing the complaint. (Reported below, 62 Barb., 311.) The action was brought to restrain the defendant from interfering with a private road which it was claimed existed over the defendant’s land in the plaintiffs’ favor, and to recover damages for obstructing the same. The following facts appeared at the trial: In March, 1842, John Arnsberger and Thomas Miller were respectively the owners of two farms in the town of Fayette, Seneca…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It was properly conceded by the counsel for the plaintiff, in the…
2Cited by16 opinions
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