Kilmer v. Wilson
New York Supreme Court
THIS is an appeal from a judgment entered upon the report of a referee in favor of the defendant, dismissing the complaint of the plaintiff, with costs. The action was brought by the plaintiff, among other things, to have the rights of the parties ascertained and declared, in regard to the premises described in the complaint, and in the deed therein mentioned, and to recover damages for wrongfully withholding such premises from the possession of the plaintiff.
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THIS is an appeal from a judgment entered upon the report of a referee in favor of the defendant, dismissing the complaint of the plaintiff, with costs. The action was brought by the plaintiff, among other things, to have the rights of the parties ascertained and declared, in regard to the premises described in the complaint, and in the deed therein mentioned, and to recover damages for wrongfully withholding such premises from the possession of the plaintiff. The referee reported in favor of the defendant. J udgment was entered, upon his report, and the plaintiff appealed.
1Opinion of the Court
By the Court, Ingalls, J.
On the 31st January, 1848, William Moore and James Wilson were each the owner of a farm situated in the town of Bethlehem, Albany county. The farm of Moore lay between the farm of Wilson and the public highway, and Moore conveyed to Wilson the strip of land, in controversy, being 24 feet wide, and extending from the land of Wilson to the public highway. The material question, in this case is, whether Moore did, by the deed in question, convey the fee of the strip of land, or merely create an easement ? The deed contains the following provisions : “ The said party of…
2Cases cited3 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Jackson v. BlodgetNew York Supreme Court · 1819
- Long Island Rail Road v. ConklinNew York Supreme Court · 1860
3Cited by3 opinions
- Lintner v. Office Supply Co.Wisconsin Supreme Court · 1928
- Whitney v. RichardsonNew York Supreme Court · 1891
- Robert L. Fields v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1971