Huntington v. . Asher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the February term, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 26 Hun, 496.) This action was brought to restrain defendant from entering upon plaintiff’s lands, and erecting or repairing a dam thereon, and to recover damages for alleged trespass.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made at the February term, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 26 Hun, 496.) This action was brought to restrain defendant from entering upon plaintiff’s lands, and erecting or repairing a dam thereon, and to recover damages for alleged trespass. The facts as found by the court are substantially as follows: On the 3d day of November, 1869, one James Hogan was the owner in fee…
1Opinion of the CourtFinch, J.
The contract of purchase and sale between the original parties contemplated the creation of a right to take ice from the unsold lands of the grantor as an incident to the conveyance of the half acre and an appurtenance of the land conveyed. It is impossible to study the arrangement in its details and arrive at a different conclusion. The half acre of land was purchased for the known and declared purpose of erecting thereon an ice-house to store the product of the pond, and as a means of conducting the ice business. The terms of the deed substantially so declare, and the fact is not denied by…
2Cases cited4 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Grubb v. GuilfordSupreme Court of Pennsylvania · 1835
- Roberts v. . RobertsNew York Court of Appeals · 1873
3Cited by32 opinions
- Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
- Nellis v. . MunsonNew York Court of Appeals · 1888
- Trustees of Freeholders & Commonalty v. JessupNew York Court of Appeals · 1900
- Baker v. KenneySupreme Court of Iowa · 1910
- Spencer v. . KilmerNew York Court of Appeals · 1897
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