Jackson ex dem. Jones v. Stiker
New York Supreme Court
. This was an action of ejectment, brought to recover the possession of a road through a farm, owned by the defendant, in the seventh ward of the city of New York.
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. This was an action of ejectment, brought to recover the possession of a road through a farm, owned by the defendant, in the seventh ward of the city of New York. The cause was tried before Mr. Justice Kent, at a circuit court held in the city of New York, in March, 1799. It Was proved that in .October, 1764, one Humphrey Jones being seised of the farm adjoining the land's of one C. W. Apthorp, purchased from him the road in question, being sixteen feet wide, leading from the farm, through the lands of Apthorp, to the Hudson river, and which in the deed from Apthorp to Jones, is described by…
1Opinion of the CourtRadcliff, J.
The title -of N. Jones to the road in question was not a mere right of way, capable -of being conveyed by the general terms expressed in the first deed. The ways, paths, and easements therein mentioned* were incorporeal hereditaments only, and appurtenant to the. thing granted and cannot be construed to comprehend a different [*286] ^parcel of land purchased and held by a .distinct title, though appropriated to the use of a way. The first deed of the sheriff, therefore, did not convey the road to the lessor of the plaintiff. '■
1 think it unnecessary to decide, whether a deed from the sheriff, was…
2Cases cited6 opinions
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
- Doane v. Broad Street Ass'nMassachusetts Supreme Judicial Court · 1810
- Alsop v. NicholsSupreme Court of Connecticut · 1832
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3Cited by4 opinions
- Farmer v. Ukiah Water Co.California Supreme Court · 1880
- Thornton v. MiskimmonSupreme Court of Missouri · 1871
- Brown v. Lehigh Valley RailroadNew York Supreme Court · 1919
- Fleck v. NealOregon Supreme Court · 1973