Munn v. . Worrall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon the decision of the court upon trial at Special Term. This action was for an injunction restraining defendant from digging upon two strips of land, formerly highways extending through lands of the defendant. Plaintiff claimed to own these strips of land in fee.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon the decision of the court upon trial at Special Term. This action was for an injunction restraining defendant from digging upon two strips of land, formerly highways extending through lands of the defendant. Plaintiff claimed to own these strips of land in fee. Defendant claimed title through" a deed from Francis B. Tillou, given in 1836, which, after a description of the premises, contained this exception: “ But saving and excepting from the…
1Opinion of the CourtRapallo, J.
A person through whose lands a highway is laid out may convey the land on each side, retaining the fee of the premises covered by the highway. (Jackson v. Hathaway, 15 J. R., 447, 454; Child v. Starr, 4 Hill, 378.) This result may be accomplished by so framing the description as to exclude the land covered by the highway, or by inserting in the deed proper and apt words to except such land from the premises conveyed by the general description. An owner who has thus retained his estate in the soil, incumbered by a road, has a right to sell it, subject to that incumbrance. (Jackson v. Hathaway,…
2Cases cited1 opinion
- Peck v. SmithSupreme Court of Connecticut · 1814
3Cited by13 opinions
- Stockwell v. CouillardMassachusetts Supreme Judicial Court · 1880
- Corning v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1961
- Carter v. FosterSupreme Court of Missouri · 1898
- Myers v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Spencer v. Wabash RailroadSupreme Court of Iowa · 1906
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