Winne v. Winne
New York Supreme Court
Action for an injunction to restrain the defendant from going over the plaintiff’s land and for damages. Defense, an easement and right of way. Upon the trial it appeared that one Francis Winne formerly owned and occupied a tract of land in the town of Bethlehem, Albany county, with a highway upon two sides of his land.
Read the full summary
Action for an injunction to restrain the defendant from going over the plaintiff’s land and for damages. Defense, an easement and right of way. Upon the trial it appeared that one Francis Winne formerly owned and occupied a tract of land in the town of Bethlehem, Albany county, with a highway upon two sides of his land. That during his lifetime he maintained and used a passage or roadway leading from his dwelling-house to each of said roads; such passage or roadway being in existence prior to the year 1834. He died in 1862, leaving a last will and testament by which he divided his tract of…
1Opinion of the CourtHerrick, J.
The passageway in question has been in existence for a period of nearly seventy years, perhaps more; the evidence does not disclose. Whether, at the time Erancis Winne, the predecessor in title to both parties in this action, acquired the property in question, such passageway existed we do not know. If it did, Erancis Winne permitted its continued existence and maintained it after he acquired the several properties which constituted his farm at the time of his death; if it did not, he opened such passageway through his property nearly, if not more than, seventy years ago.
He had entire…
2Cases cited8 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Miller v. GarlockNew York Supreme Court · 1850
- Spencer v. . KilmerNew York Court of Appeals · 1897
- Nicholls v. . WentworthNew York Court of Appeals · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Birkett Mills v. FennerNew York Supreme Court · 1913