Wiggins v. . McCleary
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon the decision of the court at Special Term dismissing plaintiff’s complaint. The action was for an injunction restraining defendant from trespassing upon an alley called Howard’s 'court, in the city of Brooklyn. The premises were originally owned by Joshua Sands, who laid it out into lots and laid out the alley.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon the decision of the court at Special Term dismissing plaintiff’s complaint. The action was for an injunction restraining defendant from trespassing upon an alley called Howard’s 'court, in the city of Brooklyn. The premises were originally owned by Joshua Sands, who laid it out into lots and laid out the alley. The alley ran west from Main street; all the lots along it were bounded thereon, it being referred to in the deeds as “ an alley.”…
1Per curiam
If it be granted that the plaintiff showed upon the trial that she had the title in fee or otherwise to the alley, still, if the defendant had a right to the user of it for the purpose complained of, she cannot maintain her action. The finding of the learned justice who tried the case determines that he had such right. It is not put upon actual use by him and his grantors for such period, and in such manner, as to constitute a possession adverse to the owner of the real title. It is put upon the effect of the conveyances'in evidence. These conveyances are not set out in the papers before us.…
2Cases cited3 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Smyles v. . HastingsNew York Court of Appeals · 1860
3Cited by27 opinions
- Town of San Leandro v. Le BretonCalifornia Supreme Court · 1887
- Dalton v. LevyNew York Court of Appeals · 1932
- Pierpoint v. Town of HarrisvilleWest Virginia Supreme Court · 1876
- City of Galveston v. WilliamsTexas Supreme Court · 1888
- Boyd v. HuntTennessee Supreme Court · 1899
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