Parsons v. . Johnson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts sufficiently appear in the opinion. The way claimed by plaintiff was a non-continuous quasi easement, which did not pass by the word “ appurtenances.”
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts sufficiently appear in the opinion. The way claimed by plaintiff was a non-continuous quasi easement, which did not pass by the word “ appurtenances.” (Goddard on Easements, 70-74, 83-86; Polden v. Bastard, L. R. [1 Q. B.], 156; Washburn on Easements, 39, 40, m. p. ; Dodd v. Burchell, 1 H. & C., 113; Thomson v. Waterlow, L. R. [6 Eq.], 36; Langley v. Hammond, L. R. [3 Exch.],…
1Opinion of the CourtEarl, J.
This action was brought for the purpose of perpetually enjoining defendant’s testator from erecting a wall along the east line of premises claimed to be owned by him and adjoining the lands of the plaintiff on the west. The plaintiff claims to have a right of way over the premises which would be obstructed by the wall.
The right of way as claimed is twenty-five feet wide along the west side of plaintiff’s land. Prior to the 30th day of May, 1849, Jones and Chamberlain owned, as tenants in common, the lands at the time of the commencement of this action owned by the plaintiff and the testator;…
2Cases cited7 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Smyles v. . HastingsNew York Court of Appeals · 1860
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
- Voorhees v. . BurchardNew York Court of Appeals · 1873
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3Cited by53 opinions
- Strong v. CommissionerUnited States Tax Court · 1976
- Heyman v. . BiggsNew York Court of Appeals · 1918
- Waubun Beach Ass'n v. WilsonMichigan Supreme Court · 1936
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Gilmer v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1885
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