White's Bank of Buffalo v. . Nichols
New York Court of Appeals
These are cross appeals from a judgment of the General Terra of the Supreme Court in the fourth judicial department, modifying, and affirming as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This was an action of ejectment. In the year 183é George E. Babcock and Heman B. Potter were the owners of block number thirty-one, in the city of Buffalo.
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These are cross appeals from a judgment of the General Terra of the Supreme Court in the fourth judicial department, modifying, and affirming as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This was an action of ejectment. In the year 183é George E. Babcock and Heman B. Potter were the owners of block number thirty-one, in the city of Buffalo. In that __year they made a map of this block, dividing it up into lots, and designating Garden street, extending from Carolina street to Virginia street, sixty-three feet wide. After the…
1Opinion of the CourtAllen, J.
Both plaintiff and defendant appeal from the judgment of the Supreme Court in this action, each claiming to be entitled to the exclusive possession and beneficial enjoyment of the premises in dispute. The court below adjudged the plaintiff to be the owner in fee, and the defendant to be entitled to an easement in tbe premises, substantially destructive of the value of the proprietary right of the plaintiff.
Both parties derive title from a common source, that of the defendant being prior in point of time to that under which the plaintiff claims. The controversy hinges upon the construction and…
2Cases cited12 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Banks v. OgdenSupreme Court of the United States · 1865
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
- Smyles v. . HastingsNew York Court of Appeals · 1860
- Corning v. GouldNew York Supreme Court · 1837
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3Cited by93 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- In Re Vil. of Olean v. . SteynerNew York Court of Appeals · 1892
- Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- American Brass Co. v. SerraSupreme Court of Connecticut · 1926
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