Dexter v. . Beard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made July 20, 1-889, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made July 20, 1-889, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action is in equity to compel the defendant to remove a portion of a brick store erected upon his land in the village •of Cortland, which plaintiff claims encroaches upon a right .of way which she uses jointly with the defendant. The facts, so far as material, are stated in the opinion. The south line of the right of way being uncertain as…
1Opinion of the CourtParker, J.
By the judgment in this suit it was decreed that the defendant remove so much of a building erected by him, as stands upon a strip of .land of the width of four and four-tenths feet, and in length ninety feet, on the ground that it is an obstruction to a right of way granted to the plaintiff, and her predecessors in title, by one Parker Crosby, who was the common source of title of both plaintiff and defendant.
Prior to May 5, 1846, Parker Crosby was the owner not only of the space between certain buildings, a portion of winch is in controversy here, and which the plaintiff claims to be…
2Cases cited3 opinions
- Simmons v. . CloonanNew York Court of Appeals · 1880
- Heath v. . HewittNew York Court of Appeals · 1891
- Harsha v. . ReidNew York Court of Appeals · 1871
3Cited by4 opinions
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Empire Bridge Co. v. Larkin Soap Co.New York Supreme Court · 1908
- Nichols v. New York & Pennsylvania Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Smith v. TerrellAppellate Division of the Supreme Court of the State of New York · 1944