Grafton v. . Moir
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 22,1889, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from obstructing an alley-way, over which the plaintiff claimed a right to pass in order to reach his stable.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 22,1889, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from obstructing an alley-way, over which the plaintiff claimed a right to pass in order to reach his stable. In 1852, one Davis owned a parcel of land on the corner of Fifth avenue and Thirty-first street in the city of Hew York, with a frontage of about 112 feet on the former and 150 feet on…
1Opinion of the CourtVann, J.
The right of the defendant to erect the building in. question depends upon the reservation contained in the deed dated June 1, 1852, by which the original proprietor of the four lots conveyed the first to the defendant’s grantor and is not at all dependent on the reservation in the later deed, dated December 31, 1852, by which said proprietor conveyed the third lot to the plaintiff’s grantor. The rights of the defendant were defined and fixed by the earlier conveyance and were not cut down or affected by the later conveyance to which he was neither party nor privy. The reservation in the deed…
2Cases cited10 opinions
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- Bliss v. . GreeleyNew York Court of Appeals · 1871
- Burnham v. NevinsMassachusetts Supreme Judicial Court · 1887
- Jackson v. BlodgetNew York Supreme Court · 1819
- Williams v. Western Union Railway Co.Wisconsin Supreme Court · 1880
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3Cited by60 opinions
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- Dalton v. LevyNew York Court of Appeals · 1932
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