Shoemaker v. Shoemaker
New York Supreme Court
. This action was brought by Vincent M. Shoemaker against James W. Shoemaker to compel defendant to remove obstructions which he had placed in a way, and to restore such way. It appeared that John Shoemaker, then the owner of certain premises, conveyed the east part to the defendant in 1860 by warranty deed describing the west line of the part so conveyed as the center of a lane leading from the highway north a portion of the way through the premises.
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. This action was brought by Vincent M. Shoemaker against James W. Shoemaker to compel defendant to remove obstructions which he had placed in a way, and to restore such way. It appeared that John Shoemaker, then the owner of certain premises, conveyed the east part to the defendant in 1860 by warranty deed describing the west line of the part so conveyed as the center of a lane leading from the highway north a portion of the way through the premises. The plaintiff afterwards became the owner of the other (west) part of the premises. The plaintiff claimed the right to use the entire lane as a…
1Opinion of the CourtRumsey, J.
A careful consideration o°f the, evidence shows that there is really but little conflict as to the actual facts. Upon these facts the claim of the plaintiff that he acquired a right to the use of the lane by adverse possession cannot 0be sustained. He is therefore forced to stand upon the position that the right exists by implication as a consequence of the condition of the premises at the time of the conveyance of the east half of the farm by John Shoemaker to the defendant.
Before that conveyance John Shoemaker was the owner of the whole farm, and he had fenced out this *82lane through the…
2Cases cited7 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
- Ogden v. . JenningsNew York Court of Appeals · 1875
- Simmons v. . CloonanNew York Court of Appeals · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Greene v. N. Y. Central & H. R. R.R.The Superior Court of New York City · 1883
- Fritz v. TompkinsNew York Supreme Court · 1896
- Caulfield v. LobenstineCity of New York Municipal Court · 1924
- Easterling v. Hal Pacific Properties, L.P.Idaho Supreme Court · 2021
- Easterling v. Hal Pacific Properties, L.P.Idaho Supreme Court · 2023