Nellis v. Countryman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bruce Nellis, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 26th day of June, 1909, upon the decision of the court, rendered after a trial at the Montgomery Special Term, dismissing the complaint upon the merits. •
1Opinion of the Court
Houghton, J.:
The action is brought to restrain the defendant from entering upon or crossing certain lands of plaintiff. The defendant • justifies on the ground that he has obtained a right thereto by prescription.
It appears that the defendant and his predecessors in title have crossed for more than twenty years the plaintiff’s land to a lot in the rear bordering on another highway. The crossing of plaintiff’s land was not one of necessity but of convenience only because defendant’s lot was easier of access across plaintiff’s land. A barway or gate had been maintained in defendant’s fence…
2Cases cited3 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Bushey v. SantiffNew York Supreme Court · 1895
- Nellis v. CountrymanNew York Supreme Court · 1909
3Cited by6 opinions
- Howard v. WrightNevada Supreme Court · 1914
- Commonwealth Water Co. v. BrunnerAppellate Division of the Supreme Court of the State of New York · 1916
- Mentiply v. FosterAppellate Division of the Supreme Court of the State of New York · 2022
- Findley Lake Property Owners, Inc. v. Town of MinaNew York Supreme Court · 1956
- Gordon v. ThomasAppellate Division of the Supreme Court of the State of New York · 1991
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