Cox v. . James
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court, in the fourth judicial district, affirming the judgment of the Special Term, rendered on the report of a referee in favor of the plaintiff. This action was brought to establish the right of the plaintiff to the use of an alley on the south side of his lots, in the village of Saratoga Springs. The lots were conveyed by one Maxwell and wife to the plaintiff.
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Appeal from the judgment of the late General Term of the Supreme Court, in the fourth judicial district, affirming the judgment of the Special Term, rendered on the report of a referee in favor of the plaintiff. This action was brought to establish the right of the plaintiff to the use of an alley on the south side of his lots, in the village of Saratoga Springs. The lots were conveyed by one Maxwell and wife to the plaintiff. Maxwell had a map of the property made, upon which was laid out an alley sixteen feet in width, called “ South alley.” The description in the deed referred to the map,…
1Opinion of the CourtGboveb, J.
The exception to the finding, by the referee, of the fact that Louisa A. Maxwell, at the time of and prior ■ to her conveyance of lots forty-eight, forty-nine and fifty to the plaintiff, was the owner thereof, and of the piece of land known as South alley was not well taken. To render this exception available in this court, the fact must be wholly unsupported by proof. (Mason v. Lord, 40 N. Y., 476; Wegman v. Childs, 41 id., 159.) It must appear that the case contains all the evidence given relating to such facts, otherwise it will not affirmatively appear that none was given tending so…
2Cases cited5 opinions
- Smyles v. . HastingsNew York Court of Appeals · 1860
- In re MayorNew York Supreme Court · 1829
- Le Roy v. PlattNew York Court of Chancery · 1833
- Mason v. . LordNew York Court of Appeals · 1869
- Badeau v. MeadNew York Supreme Court · 1852
3Cited by23 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- Baron v. . KornNew York Court of Appeals · 1891
- Fischer v. LiebmanAppellate Division of the Supreme Court of the State of New York · 1988
- Chapin v. BrownSupreme Court of Rhode Island · 1887
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