Nicholls v. . Wentworth
New York Court of Appeals
Appeal from order 'of the General Term of the Supreme Court, in the fourth judicial department, made January 9,1883, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from erecting a fence which the. complainant alleged defendant threatened to build in an alley-way between and partly upon the lots of each.
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Appeal from order 'of the General Term of the Supreme Court, in the fourth judicial department, made January 9,1883, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from erecting a fence which the. complainant alleged defendant threatened to build in an alley-way between and partly upon the lots of each. The answer admitted the intent to erect the fence, but claimed the right as owner of the land to inclose that portion of the alley upon her lot. The facts so far as material are…
1Opinion of the Court
Ruger, Ch J.
The General Term reversed a judgment awarding a perpetual injunction against the defendant from obstructing a certain alley, upon the ground that the evidence did not authorize the finding made by the trial court, that the use of the alley by the plaintiff and her grantors had for a period of more than twenty years been open, notorious and well known, under a claim of right, and adverse to the exclusive ownership of any part thereof by the defendant.
The order of reversal must be deemed to have been made upon questions of law as it does not specify that it was made upon questions…
2Cases cited3 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Davis v. . LeopoldNew York Court of Appeals · 1881
- Ward v. . WarrenNew York Court of Appeals · 1880
3Cited by26 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Treadwell v. . InsleeNew York Court of Appeals · 1890
- Colburn v. MarshNew York Supreme Court · 1893
- Concklin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
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