Bridger v. . Pierson
New York Court of Appeals
Appear from the judgment of the late General Term of the Supreme Court, in the seventh judicial district, affirming the judgment of the Special Term, entered upon the report of a referee in favor of the plaintiff.
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Appear from the judgment of the late General Term of the Supreme Court, in the seventh judicial district, affirming the judgment of the Special Term, entered upon the report of a referee in favor of the plaintiff. In April, 1849, the defendant conveyed to the plaintiff, by deed, fifty-four acres of land, “ reserving, always, a right of way, as now used, on the west side of the above described premises, for cattle and carriages, from the public highway to the piece of land now owned by Samuel B. Beeves, lying north of and adjoining the premises herein conveyed.” There was a covenant for quiet…
1Opinion of the Court
G-roveb, J,
The plaintiff having given notice of the action brought by Beeves against him to establish his right of way over the land embraced in his deed, and requested him to assume the defence thereto, the judgment recovered therein, establishing such right of way in Beeves, was conclusive evidence against the defendant of the existence of such right. (Miner v. Clark, 15 Wend., 425.) The recovery of this right by the judgment in that action and enforcing its enjoyment by Beeves pursuant to the same was such an eviction as to constitute a breach of the covenant for quiet enjoyment contained…
2Cases cited3 opinions
- French v. . CarhartNew York Court of Appeals · 1847
- Hornbeck v. WestbrookNew York Supreme Court · 1812
- Miner v. ClarkNew York Supreme Court · 1836
3Cited by50 opinions
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Wilson v. . FordNew York Court of Appeals · 1913
- Johnson v. . UnderhillNew York Court of Appeals · 1873
- Beardslee v. New Berlin Light & Power Co.New York Court of Appeals · 1912
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