Etz v. Daily
New York Supreme Court
APPEAL by the plaintiff, from a judgment entered upon the report of a referee. The action was ejectment, brought for the recovery of two pieces of land lying in Preble, Cortland county. On the trial before the referee it appeared in evidence that on the 11th day of April, 1829, William Etz and Elizabeth his wife conveyed, by deed with warranty in fee, to Christian Etz (the plaintiff) and John Etz, a farm in Preble, which included the premises in question.
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APPEAL by the plaintiff, from a judgment entered upon the report of a referee. The action was ejectment, brought for the recovery of two pieces of land lying in Preble, Cortland county. On the trial before the referee it appeared in evidence that on the 11th day of April, 1829, William Etz and Elizabeth his wife conveyed, by deed with warranty in fee, to Christian Etz (the plaintiff) and John Etz, a farm in Preble, which included the premises in question. On the 23d day of April, John Etz and his wife conveyed the same premises to the plaintiff; both of said deeds being properly acknowledged,…
1Opinion of the Court
By the Court, Gray, J.
The facts in this case are, in short, these: The plaintiff conveyed to the defendant his farm in Preble, Cortland county, excepting therefrom the land embraced in its boundaries which at the date of the deed was included in the highway. Since the conveyance the defendant has dug up the road and run a water pipe across it; set out fruit and shade trees, and piled stone, lumber and manure within its boundaries, and used a portion of it for farming purposes, and claims, as against the plaintiff, the right to appropriate the highway to the uses described. The simple and only…
2Cases cited4 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851
- Saunders v. A. & W. WilsonNew York Supreme Court · 1836
- Northern Turnpike Road Co. v. SmithNew York Supreme Court · 1852
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- Uline v. New York Central & Hudson River RailroadNew York Court of Appeals · 1886
- Reformed Church v. . SchoolcraftNew York Court of Appeals · 1875
- Dunham v. WilliamsNew York Supreme Court · 1862
- Linton v. CoupeAppellate Division of the Supreme Court of the State of New York · 1910