Ranscht v. Wright
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sarah Ann Wright, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the clerk of the county of Westchester on the 12th day of January, 1895, upon the decision of the court, rendered after a trial at. the Westchester Special Term. This action was brought in equity to obtain an injunction restraining the defendant from closing or obstructing a certain lane or right of way upon which plaintiff’s land is bounded.
Read the full summary
Appeal by the defendant, Sarah Ann Wright, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office, of the clerk of the county of Westchester on the 12th day of January, 1895, upon the decision of the court, rendered after a trial at. the Westchester Special Term. This action was brought in equity to obtain an injunction restraining the defendant from closing or obstructing a certain lane or right of way upon which plaintiff’s land is bounded. The plaintiff’s title to the premises bounded by the lane or right of way was derived through Patrick Fahey, a grantee of…
1Opinion of the Court
Hatch, J.:
We agree that this judgment cannot be supported upon the ground that this lane was a public way, as there is no proof which would warrant such a finding, and for the further reason that such question was eliminated by the concession made upon the trial, that such ground would not be relied upon. It may not, therefore, be now considered. We also agree that no right has been acquired by the plaintiff in the land by user alone or by express grant, or by virtue of convenience or necessity, for when plaintiff acquired title there was no obstacle which prevented his reaching any part of…
2Cases cited7 opinions
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Smyles v. . HastingsNew York Court of Appeals · 1860
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- United States v. AppletonU.S. Circuit Court for the District of Massachusetts · 1833
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tarolli v. Westvale Genesee, Inc.New York Court of Appeals · 1959
- Collins v. BarkerAppellate Division of the Supreme Court of the State of New York · 1955
- Ladue v. CooperNew York Supreme Court · 1900
- In re the Application of City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918
- Lambert v. HuberNew York Supreme Court · 1898
4 more not listed; retrieve them via the Exa API.