Munsion v. Reid
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered in Albany county upon the decision of the court, upon a trial at the circuit without a jury. The action was brought to establish the right of the plaintiff to maintain and use a drain or sewer leading from his own premises across the premises of the defendant, and to enjoin the defendant from obstructing the same.
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Appeal from a judgment in favor of the plaintiff, entered in Albany county upon the decision of the court, upon a trial at the circuit without a jury. The action was brought to establish the right of the plaintiff to maintain and use a drain or sewer leading from his own premises across the premises of the defendant, and to enjoin the defendant from obstructing the same. The evidence tended to show that, in 184:5, Platt "Williams was the owner of five lots situate between Clinton avenue (formerly Patroon street) on the north and Orange street on the south, as shown in the following diagram: ■…
1Opinion of the Court
Landon, J.:
The deed from Williams to Griswold, in 1845, of the lot now owned by defendant, was the first conveyance by the common grantor of any of the lots affected by the drain. If that deed cut off or excluded the right of drainage from the lot subsequently conveyed by Williams to the plaintiff’s grantor, then, no matter what right Williams attempted to convey, he conveyed no right of drainage across defendant’s lot, for he had none to sell.
This was an underground drain and was not open and visible,’ and therefore bears no relation to such visible and opeii watercourses as the common owner…
2Cases cited6 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Ward v. . WarrenNew York Court of Appeals · 1880
- Hannefin v. BlakeMassachusetts Supreme Judicial Court · 1869
- Outerbridge v. PhelpsThe Superior Court of New York City · 1879
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