Kahn v. Cherry
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. It was error to direct a verdict. At the date of the conveyance by Cherry to Kahn the north wall was charged with an. easement in Mrs. Stone. The proper rule is laid down in 89 Ark. 309, 316. This rule is sustained by the authorities. 10 A. & E. Enc. Law, 420; 27 N. E. 344; 25 Am. St. 421; 49 L. R. A. 417; 81 Am. St. 749; 6 Am. Rep. 300; 53 Id. 550; 38 Me. 429; 27 Gratt. 77; 52 Am.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. It was error to direct a verdict. At the date of the conveyance by Cherry to Kahn the north wall was charged with an. easement in Mrs. Stone. The proper rule is laid down in 89 Ark. 309, 316. This rule is sustained by the authorities. 10 A. & E. Enc. Law, 420; 27 N. E. 344; 25 Am. St. 421; 49 L. R. A. 417; 81 Am. St. 749; 6 Am. Rep. 300; 53 Id. 550; 38 Me. 429; 27 Gratt. 77; 52 Am. Rep. 271; 4 Duer. 53; 5 Id. 553; 55 N. Y. Supp. 806; 77 N. E. 1126; 18 Id. 828. The lot was granted with the appurtenances, an express…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) The court erred in directing a verdict in favor of appellees, and in deciding that Mrs. Stone, the owner of the property adjoining on the north, did not have an easement' in the north wall of the building on the lot conveyed by Cherry to Kahn. The undisputed evidence shows that L. W. Cherry at one time owned the lot which he conveyed to Kahn and also the adjacent lot north, which, at the time of the institution of this suit, was owned by Mrs. Stone, and which we will hereafter designate as the “Stone lot.” Before the conveyance to Kahn, Cherry had sold…
2Cases cited12 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Kutz v. McCuneWisconsin Supreme Court · 1868
- Janes v. JenkinsCourt of Appeals of Maryland · 1871
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
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3Cited by9 opinions
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- Van Bibber v. HardySupreme Court of Arkansas · 1949
- Nabers v. WiseSupreme Court of Alabama · 1941
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