Pierce v. . Keator
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of the plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 9 Hun, 532.) This was an action of trespass for entering upon certain land in Cortland county, and in cutting and carrying away therefrom a quantity of wheat.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department affirming a judgment in favor of the plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 9 Hun, 532.) This was an action of trespass for entering upon certain land in Cortland county, and in cutting and carrying away therefrom a quantity of wheat. The action was originally brought by Ethan A. Pierce, plaintiff’s intestate, who sowed the wheat so taken. The wheat was taken from a strip of land which passed through and was formerly part of a farm owned by said…
1Opinion of the Court
Church, Ch. J.
It is important to determine the nature of the right reserved in the deed of Pierce and wife to the JNew York and Oswego Midland Railroad Company. The reservation is in the following words: “ Said parties of the first part also to have the privilege of mowing and cultivating the surplus ground of said strip of land not requred for railroad purposes.” The appellant contends that this right of mowing and cultivating was' an easement appurtenant to the remaining portion of the farm, and would pass to the grantee of the remainder of the farm without description or specification. The…
2Cases cited1 opinion
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by34 opinions
- Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
- Jo-Mark Sand & Gravel Co. v. PantanellaSupreme Court of Connecticut · 1953
- Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
- Taylor v. . MillardNew York Court of Appeals · 1890
- Payne v. SheetsSupreme Court of Vermont · 1903
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