Peabody v. Chandler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julia P. Chandler, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 2d day of April, 1897, upon the decision of the court rendered after a trial before the court without a jury at the Franklin Trial Term, with notice of an intention to bring up for review upon such appeal the interlocutory judgment in said action and the order overruling the demurrer to the complaint,…
Read the full summary
Appeal by the defendant, Julia P. Chandler, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 2d day of April, 1897, upon the decision of the court rendered after a trial before the court without a jury at the Franklin Trial Term, with notice of an intention to bring up for review upon such appeal the interlocutory judgment in said action and the order overruling the demurrer to the complaint, entered in said clerk’s office on the 17th day of February, 1895. In 1880, one E. R. Derby was the owner of a tract of…
1Opinion of the Court
Putnam, J.:
It is not clear but that the clause in the deed to the defendant, above quoted — “ with free ingress and egress and proper right of way to the parties occupying lots or premises on said peninsula westerly of the premises hereby conveyed ”—following as it does in the same sentence, the provision that the lawn, which formed a part of the premises conveyed by the plaintiff, should be forever kept open, should' be deemed to refer to such lawn, and merely to reserve to the plaintiff a right of ingress and egress to and from his lot thereto.
In our discussion of the case, however, we…
2Cases cited4 opinions
- Grafton v. . MoirNew York Court of Appeals · 1892
- Onthank v. . L.S. and M.S.R.R. Co.New York Court of Appeals · 1877
- Wynkoop v. BurgerNew York Supreme Court · 1815
- Stetson v. CurtisMassachusetts Supreme Judicial Court · 1876
3Cited by4 opinions
- Lewis v. YoungNew York Court of Appeals · 1998
- Koepp v. HollandDistrict Court, N.D. New York · 2010
- Hydraulic Power Co. v. Pettibone Cataract Paper Co.New York Supreme Court · 1920
- Jennings v. Lake Baldwin Taxpayers Ass'nAppellate Division of the Supreme Court of the State of New York · 1954