Leonard v. . Spencer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1884, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directed judgment for plaintiff.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 9, 1884, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directed judgment for plaintiff. (Reported below, 34 Hun, 341.) The court found that plaintiff, in 1866, became and ever since has been the owner of a piece of land containing about eighty acres, upon which is a dwelling, occupied by him and his family as a residence. “ That about twenty-five or thirty rods distant southerly from the…
1Opinion of the CourtEarl, J.
Besides denying the allegations contained in the complaint, the answer of the defendant sets up but two defenses, one of which is that the mill pond “ has existed in the place where it now is for more than 100 years, and during all the time of its said existence the plaintiff or his grantors have, with the exception of about a year or two last past, assented to and acquiesced in the maintenance of the said pond and the dam by which it was caused; ” and the other is that “ on or about the 1st day of February, 1864, Jane Kirby and Leonard Kirby, being then the owners in fee of the lands now…
2Cited by9 opinions
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
- United States v. LuceDistrict Court, D. Delaware · 1905
- Filson v. CrawfordNew York Supreme Court · 1889
- Lake Claire Homeowners Ass'n v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1995
- In re DalyAppellate Division of the Supreme Court of the State of New York · 1899
4 more not listed; retrieve them via the Exa API.