Huttemeier v. . Albro
New York Court of Appeals
Appeal from the Superior Court of New York city. This was an action in the nature of a writ of nuisance, brought to compel the defendant to remove a building by which he. obstructed an alley-way in which the plaintiff claimed an easement, and for damages for such obstruction. The trial was before Mr. Justice Bosworth, a jury having been waived.
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Appeal from the Superior Court of New York city. This was an action in the nature of a writ of nuisance, brought to compel the defendant to remove a building by which he. obstructed an alley-way in which the plaintiff claimed an easement, and for damages for such obstruction. The trial was before Mr. Justice Bosworth, a jury having been waived. The judge found these facts: In December, 1844, John Beekman died, owning lots No. 106, on the corner of Division and Eldridge streets, Nos. 108 and 110, next adjoining on Division-street, No. 8 on Eldridge-street, and a strip of land three feet wide,…
1Opinion of the CourtStrong, J.
At the time of the partition between the heirs of John Beekman, they owned the strip of land over which the easement as an alley-way is claimed by the plaintiff, and also the adjoining lots on each side of it. The alley-way, as claimed, then clearly appeared upon the land, and was in actual, visible use by the occupants of the contiguous lots. It had been open, apparent to observation, and in such actual use for more than forty years. Two of the deeds given on the partition, one conveying the .lot now owned by the plaintiff to his grantor, and the other conveying to the grantor of the…
2Cases cited1 opinion
- United States v. AppletonU.S. Circuit Court for the District of Massachusetts · 1833
3Cited by56 opinions
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Scott v. MooreSupreme Court of Virginia · 1900
- Newman v. . NellisNew York Court of Appeals · 1884
- Dalton v. Real Estate & Improvement Co.Court of Appeals of Maryland · 2001
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