Jackson ex dem. Blanchard v. Allen
New York Supreme Court
Ejectment, for a small lot or alley, in the village of Salem, Washington county, tried before (the late) Mr. Justice Yates, at the Washington Circuit, June 10th, 1822. I'he declaration was entitled of Thursday, May 4th, in 'May term, 1820, and the ouster laid on the 3d May, 1820. On the trial, James Rowan testified, that the alley was laid but by John Williams, the proprietor of that and the adjoining lands, &s early as 1796. In that year he sold the lot adjoining the alley…
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Ejectment, for a small lot or alley, in the village of Salem, Washington county, tried before (the late) Mr. Justice Yates, at the Washington Circuit, June 10th, 1822. I'he declaration was entitled of Thursday, May 4th, in 'May term, 1820, and the ouster laid on the 3d May, 1820. On the trial, James Rowan testified, that the alley was laid but by John Williams, the proprietor of that and the adjoining lands, &s early as 1796. In that year he sold the lot adjoining the alley on the north, to Becker, who then took possession of, and sold it to Crookshank, who sold it to the defendant, who…
1Opinion of the Court
Curia,
per Sutherland, J.
I think the Judge erred in charging the jury, that if they believed a part of the alley, as described in the lease, was, between the 30th of December, 1819, and the 3d of May, 1820, inclosed by a fence, in th© defendant’s garden and appropriated to his exclusive use, and the obstruction in the remaining part of the alley rendered the passage with loaded teams unsafe and hazardous, the plaintiff would be entitled to recover on the ground of forfeiture. These two causes of forfeiture should have been separately and distinctly presented to the jury.
The exceptions and…
2Cited by24 opinions
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Webster v. NicholsIllinois Supreme Court · 1882
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
- Ireland v. . NicholsNew York Court of Appeals · 1871
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