Cox v. James
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. The action was brought to establish the right of the plaintiff to the use of an alley on the south side of his lot, in the village of Saratoga Springs, which lot was conveyed to the plaintiff by Amos S. Maxwell and wife, by deed dated June 2, 1855. It was claimed by the plaintiff that the description of the premises conveyed by his deed conveyed the land to the center of South alley, (the alley in…
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APPEAL by the defendant from a judgment entered upon the report of a referee. The action was brought to establish the right of the plaintiff to the use of an alley on the south side of his lot, in the village of Saratoga Springs, which lot was conveyed to the plaintiff by Amos S. Maxwell and wife, by deed dated June 2, 1855. It was claimed by the plaintiff that the description of the premises conveyed by his deed conveyed the land to the center of South alley, (the alley in question;) or if not, that the land immediately south of said lot, being laid out, on a map referred to in the deed, as…
1Opinion of the Court
By the Court, Rosekrans, J.
There can be no question as to the correctness of the referee’s findings of facts and conclusions of law. The plaintiff’s grantors are the original owners of the lots conveyed to the plaintiff, and of the strip adjoining those lots on the south, called South alley. Before the conveyance to the plaintiff, they had made a map of the lots and alley, and filed.it, and the conveyances bounded all the lots “along the north line of South alley,” and conveyed them as lots known and distinguished on a map of village lots, owned by the grantors, by their numbers, with the…
2Cases cited2 opinions
- Badeau v. MeadNew York Supreme Court · 1852
- Fonda v. BorstNew York Court of Appeals · 1865
3Cited by3 opinions
- Mahler v. BrumderWisconsin Supreme Court · 1896
- Knabe v. LevelleThe Superior Court of the City of New York and Buffalo · 1892
- Tag v. KeteltasThe Superior Court of New York City · 1882