Carpenter v. Gwynn
New York Supreme Court
THIS was an appeal from a judgment ordered at the circuit, after a trial before a justice of the court without a jury. The complaint alleged that the plaintiff was, and for more than five years last past had been, the owner and possessed of a piece or strip of land, situate in the village of New-burgh, in the county of Orange, particularly described in the complaint, and being sixty feet in width, and of certain other lands adjoining said strip of land, on both sides…
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THIS was an appeal from a judgment ordered at the circuit, after a trial before a justice of the court without a jury. The complaint alleged that the plaintiff was, and for more than five years last past had been, the owner and possessed of a piece or strip of land, situate in the village of New-burgh, in the county of Orange, particularly described in the complaint, and being sixty feet in width, and of certain other lands adjoining said strip of land, on both sides thereof. That the said strip of land, for the whole length thereof, had been for more than a year last past, and still was,…
1Opinion of the Court
By the Court, Emott, J.
We are constrained to differ from the conclusion of the learned judge who tried this cause, upon the main question which its presents. The action is brought to stay by injunction the commission of repeated trespasses by the defendant in removing a fence upon the plaintiff's land. The defendant justifies on the ground that the land upon which the fence was placed had been dedicated by the plaintiff to public use as a highway. The judge at the trial held that there had been such a dedication, and therefore dismissed the plaintiff's complaint.
The strip of land to which the…
2Cases cited1 opinion
- Holdane v. Trustees of Cold SpringNew York Supreme Court · 1856
3Cited by10 opinions
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
- City of Chicago v. BordenIllinois Supreme Court · 1901
- Illinois Insurance v. LittlefieldIllinois Supreme Court · 1873
- Devenpeck v. LambertNew York Supreme Court · 1865
- Cyr v. MadoreSupreme Judicial Court of Maine · 1881
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