Mattes v. . Frankel
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the third judicial department, entered October 15, 1892, affirming a judgment in favor of defendants entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, ■are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the third judicial department, entered October 15, 1892, affirming a judgment in favor of defendants entered upon a verdict, and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, ■are stated in the opinion. By the ■conveyance of Louis B. Adams to the appellant, dated April 24, 1869, the title of the appellant’s lot, together with the lot that Adams conveyed to him, extinguished the dominant and servient estate if it ever had existed. The entire title merged in the…
1Opinion of the CourtBartlett, J.
This is an action to recover damages for an alleged trespass, the plaintiff thereby seeking to test the validity of defendants’ claimed right of way to reach the barn on the rear of their premises over his lands. By the verdict of the jury and the affirmance of the General Term all the material and controverted facts are conclusively found against the plaintiff, and we are called upon to consider the questions of law.
In March, 1889, the plaintiff conveyed to the defendants improved, real estate on Partition street, in the village of Saugerties, Ulster county, being a lot nineteen feet three…
2Cases cited3 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Trustees of the Freeholders & Commonalty v. SmithNew York Court of Appeals · 1890
- Voorhees v. . BurchardNew York Court of Appeals · 1873
3Cited by20 opinions
- Miles v. BodenheimCourt of Appeals of Texas · 1917
- Karlin v. BridgesAppellate Division of the Supreme Court of the State of New York · 1991
- Phillips v. . West Rockaway Land Co.New York Court of Appeals · 1919
- Wilkinson v. Nassau Shores, Inc.New York Supreme Court · 1949
- Pagel, Horton & Co. v. Harmon Paper Co.Appellate Division of the Supreme Court of the State of New York · 1932
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