Wells v. . Garbutt
New York Court of Appeals
Appeal from a judgment of the general term of the supreme court in the fifth judicial department, affirming a. judgment entered upon the decision of the court on trial at special term. This action was brought to restrain the defendant from so obstructing the waters of Allen’s creek, in the town of Wheatland, county of Monroe, as to cause them to set back upon the lands of the plaintiff.
Read the full summary
Appeal from a judgment of the general term of the supreme court in the fifth judicial department, affirming a. judgment entered upon the decision of the court on trial at special term. This action was brought to restrain the defendant from so obstructing the waters of Allen’s creek, in the town of Wheatland, county of Monroe, as to cause them to set back upon the lands of the plaintiff. The trial court found that Allen’s creek is a natural stream of water flowing in an easterly direction across lot 37 to lot 38, and thence across lot 43 in said town. The defendant is the owner of a flour and…
1Opinion of the CourtVann, J.
—Both parties unite in the position that the-plaintiff acquired through the sale in foreclosure the entire estate of both mortgagor and mortgagee as of the date of the mortgage. Rector, etc., v. Mack, 93 N. Y. 488; Pardee v. Stewart, 37 Hun, 259, 262; 2 R. S. 192, § 158; Code Civ. Pro. § 1632. The question presented for decision, therefore, is whether a riparian owner, who has imposed a burden on one part of his land for the benefit of another part, upon conveying the former without express reservation, should beheld under the circumstances of this case to have impliedly reserved the right to…
2Cases cited15 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
- Collins v. PrenticeSupreme Court of Connecticut · 1842
- Rector of Christ Protestant Episcopal Church v. MacKNew York Court of Appeals · 1883
- Buss v. DyerMassachusetts Supreme Judicial Court · 1878
10 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Paine v. . ChandlerNew York Court of Appeals · 1892
- Missionary Society of the Salesian Congregation v. EvrotasNew York Court of Appeals · 1931
- Trustees of Freeholders & Commonalty v. JessupNew York Court of Appeals · 1900
- Morris v. BluntUtah Supreme Court · 1916
- Heyman v. . BiggsNew York Court of Appeals · 1918
51 more not listed; retrieve them via the Exa API.