Kings County Fire Ins. Co. v. . Stevens
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 6, 1880, which affirmed a judgment' in favor of defendant, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 6, 1880, which affirmed a judgment' in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from tearing down a fence erected by plaintiff upon land forming part of' what was once the southerly half of “the Wallabout bridge road; ” so called in the city of Brooklyn, to which plaintiff claimed title. The premises of both the plaintiff and defendant front on said W allabout road, as the same existed in the year…
1Opinion of the Court
Andrews, Ch. J.
The title'of the plaintiff, to the southerly, half of what was formerly the Wallabout bridge road, on which the plaintiff’s premises abutted, depends upon the construction of the deed from Garrett Eostrand, to Edward Sanford, dated January 20,1835. Sanford is the common source of title to the premises of hoth parties. The defendant’s lot also abutted on the Wallabout road, until its discontinuance, long after the conveyance of the respective lots, by Sanford. If Sanford acquired title to the southerly half of the road, under his conveyance from Eostrand, the plaintiff, as his…
2Cases cited5 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Dunham v. . WilliamsNew York Court of Appeals · 1867
- Halsey v. . McCormickNew York Court of Appeals · 1855
- The Seneca Nation of Indians v. . KnightNew York Court of Appeals · 1861
- Cottle v. YoungSupreme Judicial Court of Maine · 1871
3Cited by37 opinions
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
- In re RobbinsSupreme Court of Minnesota · 1885
- Matter of City of New YorkNew York Court of Appeals · 1913
- Clayton v. County CourtWest Virginia Supreme Court · 1905
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