Eller v. Moore
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Peter Eller, from a judgment of the County Court of Sullivan county in favor of the defendant, entered in the office of the clerk of the county of Sullivan on the 3d day of July, 1899, upon a nonsuit granted by the court at the close of the plaintiff’s testimony.
1Opinion of the Court
Parker, P. J.:
The action is brought for a breach of a covenant for quiet enjoyment in a deed, whereby about one-fifth of an acre of land, with a dwelling house thereon, was conveyed hy the defendant to the plaintiff. The breach .complained of is that one Brown had acquired by conveyance from Mott — from whom the defendant had subsequently acquired her title—“a right .of way for a private road” across the premises in question, and that such right existed at the time plaintiff took his conveyance from defendant. That such an easement upon, the premises in favor of Brown existed at that time,…
2Cases cited2 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Rea v. MinklerNew York Supreme Court · 1871
3Cited by10 opinions
- Newmyer v. RoushIdaho Supreme Court · 1912
- Eriksen v. WhitescarverSupreme Court of Colorado · 1914
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915
- Paddell v. JanesNew York Supreme Court · 1915
- Brown v. LoberAppellate Court of Illinois · 1978
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