Wells v. . Tolman
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered ■July 9, 1895, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, ■are stated in the opinion. The court erred in its conclusion of law, wherein it says that plaintiff is entitled to judgment and to the costs of this action.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered ■July 9, 1895, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, ■are stated in the opinion. The court erred in its conclusion of law, wherein it says that plaintiff is entitled to judgment and to the costs of this action. (Law v. McDonald, 9 Hun, 23; Caldwell v. Leiber, 7 Paige, 483; Crippen v. Heermance, 9 Paige, 211; Barker v. White, 3 Keyes, 617.) The right of way…
1Opinion of the CourtO'Brien, J.
In this action the plaintiff sought to establish,, through the decree of a court of equity, the existence of an easement or right of way over the defendant’s land, and to procure an adjudication as to the nature, character and extent of that right
The lands of both parties were originally, and up to the month of April, 1869, one farm of about one hundred acres, including a wood lot of about twenty acres. On that date the then owner of the whole property conveyed the premises now owned by the defendant, consisting of about thirty-five acres, including the north half of the wood lot. This…
2Cases cited2 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- Mansfield v. ShepardMassachusetts Supreme Judicial Court · 1883
3Cited by5 opinions
- Bina v. BinaSupreme Court of Iowa · 1931
- Wilson v. FordAppellate Division of the Supreme Court of the State of New York · 1911
- Galletly v. BockiusCalifornia Court of Appeal · 1905
- Collins v. ArancioAppellate Division of the Supreme Court of the State of New York · 1979
- Hatcher v. WassermanNew York Supreme Court · 1915