Pitney v. Huested
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Cordelia ]VI. Pitney and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 28th day of January, 1895, upon the decision of the court rendered after a trial at the Saratoga Special Term.
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Appeal by the plaintiffs, Cordelia ]VI. Pitney and others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 28th day of January, 1895, upon the decision of the court rendered after a trial at the Saratoga Special Term. The action was brought to restrain the defendant from continuing to occupy and obstruct a private way, as to which the plaintiffs claimed title by grant to the center, and easement of passage in the whole thereof. The defendant erected a building in the alleged way. In the grant in 1846 from…
1Opinion of the Court
Landon, J. :
If we treat the dug-way as a strip of land by which the plaintiffs’ land is bounded on the north, the grant to the plaintiffs would not extend to its center line. Ordinarily, when land is bounded by a stream, ditch, lane, alley, wall or way, which belongs to the grantor, the grant extends to the center thereof, and in respect to the way, conveys an easement over the whole thereof and reserves an easement as to the half conveyed. (White's Bank of Buffalo v. Nichols, 64 N. Y. 65; Bissell v. N. Y. C. R. R. Co., 23 id. 61; Perrin v. N. Y. C. R. R. Co., 36 id. 120 ; Child v. Starr, 4…
2Cases cited1 opinion
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
3Cited by1 opinion
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1918