Nellis v. . Munson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 3,1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 24 Hun, 575.) This action was brought to restrain the original defendant, who died after judgment, from interfering with a pipe laid across his premises to conduct water to plaintiff’s.premises.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 3,1881, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 24 Hun, 575.) This action was brought to restrain the original defendant, who died after judgment, from interfering with a pipe laid across his premises to conduct water to plaintiff’s.premises. Laura Swan, in 1867, being owner of certain land, by a sealed agreement with the plaintiff, conveyed to him the right to lay down a…
1Opinion of the Court
Bugek, Oh. J.
The main question involved in this case is, whether the right to bring water in a pipe across the lands of one, for the benefit of another, constitutes an interest “ in fee or a freehold estate ” in such a sense that, as against a subsequent purchaser, its creation requires a conveyance executed according to the forms and conditions prescribed by section 137, (3d R. S. [7th ed.] 2195). This section reads as follows: “ Every grant in fee or of a freehold estate shall be subscribed and sealed by the person from whom the estate or interest conveyed is intended to pass, or his lawful…
2Cases cited4 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cronkhite v. . CronkhiteNew York Court of Appeals · 1884
- Huntington v. . AsherNew York Court of Appeals · 1884
- Chamberlain v. . SpargurNew York Court of Appeals · 1881
3Cited by45 opinions
- Mitchell v. . ThorneNew York Court of Appeals · 1892
- Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
- McOuatt v. McOuattMassachusetts Supreme Judicial Court · 1946
- Greenwood Lake & Port Jervis Railroad v. New York & Greenwood Lake RailroadNew York Court of Appeals · 1892
- G.L. P.J.R.R. Co. v. . N.Y. G.L.R.R. Co.New York Court of Appeals · 1892
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