Newman v. . Nellis
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 26, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 26, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to compel defendant to remove obstructions placed by him upon land over which plaintiff claimed a right of way, and to restrain defendant from interfering with or interrupting the use of said land as a way appurtenant to a lot of land sold and conveyed by defendant to Michael Newman, and by him conveyed to one…
1Opinion of the CourtAndrews, J.
The deed from the defendant to Michael Newman, described the premises conveyed by metes and bounds and as containing about five-eighths of an acre of land, but made no reference to any street or streets, or to any map. In 1864, at the date of the deed, the defendant owned the land on the south side of the granted premises, but no street had then been opened thereon along the southerly bounds of the lot conveyed. The grantee did not, therefore, acquire a right of way from the “ Stone Arabia ” road over the lands of the grantor adjacent to the granted premises by force of the deed. Such an…
2Cases cited4 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Eisenbach v. HatfieldWashington Supreme Court · 1891
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
3Cited by43 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Moore v. CrawfordSupreme Court of the United States · 1889
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Bristol v. WoodwardNew York Court of Appeals · 1929
- Karlin v. BridgesAppellate Division of the Supreme Court of the State of New York · 1991
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