Winkle v. Winkle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Grace B. Buggies and others, from a final judgment of the Supreme Court in favor of the plaintiff and the defendant Elizabeth M. Van Winkle, entered in the office of the' clerk of the county of New York on the 27th day of April, 1903, upon the decision of the court, rendered after a trial at the New York Special Term in the. above-entitled partition action, with notice of an intention to bring up for review upon such appeal" an interlocutory…
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Appeal by the defendants, Grace B. Buggies and others, from a final judgment of the Supreme Court in favor of the plaintiff and the defendant Elizabeth M. Van Winkle, entered in the office of the' clerk of the county of New York on the 27th day of April, 1903, upon the decision of the court, rendered after a trial at the New York Special Term in the. above-entitled partition action, with notice of an intention to bring up for review upon such appeal" an interlocutory judgment entered in said clerk’s office on the 17th day of. February, 1903, and also an order entered in said clerk’s office on…
1Opinion of the Court
McLaughlin, J.:
In and prior to 1785 Charles Ward Apthorp owned a tract of land of about 200 acres, through which, extending north and south, was a public thoroughfare called the Bloomingdale road, from which on the west to the Harlem Commons on the east extended a public way designated Crossroad to Harlem, or Apthorp’s lane, or Jauncey’s lane. The fee of this crossroad or lane was in Apthorp, and the parcel of land the title to which is the subject-matter of this litigation is a portion of that roadbed. In 1785 Apthorp mortgaged all of his land lying east of the Bloomingdale road to the…
2Cases cited5 opinions
- Matter of LadueNew York Court of Appeals · 1890
- Demeyer v. LeggNew York Supreme Court · 1853
- Potter v. BoyceAppellate Division of the Supreme Court of the State of New York · 1902
- Jackson ex dem. Munroe v. ParkhurstNew York Supreme Court · 1832
- In re MayorAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- Sampson v. United StatesUnited States Court of Claims · 1976
- Sampson v. United StatesUnited States Court of Claims · 1975
- Jurgenson v. DanaNew York Supreme Court · 1913