Butterworth v. . Crawford
New York Court of Appeals
Appeal from, judgment of the General Term of the Court of Common Pleas, for the city and county of Hew York, affirming judgment entered upon the report of a referee. The facts of this case, as found by the referee, are as follows : Henry Yulkening in 1864 owned two houses adjoin ing each other on the north side of Forty-sixth street, in the city of Hew York, known as Hos. 83 and 85 West Forty-sixth street.
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Appeal from, judgment of the General Term of the Court of Common Pleas, for the city and county of Hew York, affirming judgment entered upon the report of a referee. The facts of this case, as found by the referee, are as follows : Henry Yulkening in 1864 owned two houses adjoin ing each other on the north side of Forty-sixth street, in the city of Hew York, known as Hos. 83 and 85 West Forty-sixth street. While such owner, he dug and formed a vault, extending partly into the yard of each house, and constructed a drain from such vault, running through the lot of house Ho. 85, to the sewer in…
1Opinion of the CourtRapadlo, J.
We have come to the conclusion, that the drain in controversy, did not constitute an apparent servitude or easement, and that consequently the case does not present the question so fully argued before us, whether when a dominant and servient tenement are owned by the same person, and he makes a conveyance of the servient tenement first, with covenants of warranty, and against encumbrances, and without the express reservation of any easement, such conveyance will preclude him or his assigns, from afterward" asserting in favor of the dominant tenement, which he retains, the benefit of the…
2Cited by48 opinions
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- Dale v. BedalMassachusetts Supreme Judicial Court · 1940
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