Mitchell v. Bush
New York Supreme Court
Assumpsit, on an award of arbitrators, tried at the Sullivan. circuit, May, 1826, before Betts, late Gh. Judge. ^he plaintiff having made a private road partly over his own land, but mostly over the land of others, the defendant wanted to use it in the same manner as the plaintiff a right to do.
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Assumpsit, on an award of arbitrators, tried at the Sullivan. circuit, May, 1826, before Betts, late Gh. Judge. ^he plaintiff having made a private road partly over his own land, but mostly over the land of others, the defendant wanted to use it in the same manner as the plaintiff a right to do. The plaintiff not being willing that he should do so without compensation, the parties agreed, by parol, to submit the amount of compensation to arbitrators, who" awarded $123 to the plaintiff. The -defendant, when . . . , , . , - , ™ submission was made, expressly promised to pay wnat sftouy fog…
1Opinion of the Court
Curia, per Sutherland, J.
The defendant contends *185-3that the agreement between the parties was in relation to an interest in land, being a right of way; and that the award, as well as the agreement itself, was therefore void by the statute of frauds. It is evident, from the testimony of the arbitrators, that the parties knew and admitted, at the *time of the agreement to submit the matter in difference, that the road was made over land, with the exception of a quarter of a mile, to which the plaintiff claimed no title; and that he had no permission from the owners of the land to make it. As it…
2Cases cited3 opinions
- Jackson ex dem. Van Alen & Van Alen v. AmblerNew York Supreme Court · 1817
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