Brill v. . Brill
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, entered upon an order made September' 22, 1886, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granted a new trial. This action was brought to restrain defendant from using a way across plaintiff’s land unless he would close and properly secure gates at each end thereof. The material facts appear in the opinion.
1Opinion of the CourtDanforth, J.
It appeared in evidence that the plaintiff’s farm, including the locus im, quo, and the defendant’s farm were contiguous. Originally they, with other land, formed one farm which belonged to John Brill, Sr., the grandfather of the parties, and he on the 5th day of April, 1819, conveyed to the plaintiff’s grantor what in a general way may be described as the south portion thereof, but in the deed it was described by metes and bounds. He retained the rest in his own occupation and upon it was his house. That portion now belongs to the defendant, and so far as appears the original farm was…
2Cases cited1 opinion
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
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- Bishields v. CampbellCourt of Appeals of Maryland · 2001
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