Treadwell v. . Inslee
New York Court of Appeals
Appeal from an order of the General Term of the Supreme-Court in the third judicial department, made- at the ¡November term, 1887, Avhich reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term,, and granted a neAV trial.
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Appeal from an order of the General Term of the Supreme-Court in the third judicial department, made- at the ¡November term, 1887, Avhich reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term,, and granted a neAV trial. This action Avas brought by the plaintiff’s testator to restrain the defendant’s testator from interfering with a. drain running-from the plaintiff’s premises across the defendant’s, premises, and to compel him (defendant’s testator) to restore the portion of the drain which he had destroyed. Prior to October 14, 1845, Platt…
1Opinion of the CourtBrown, J.
The finding of the Special Term that the plaintiff’s testator became the owner of a right of drainage across the defendant’s lot by the deed from Vane and wife cannot be sustained.
The earliest conveyance by Williams of any of the property affected by the drain in question was of defendant’s lot to Davidson in 1845. That conveyance contained no reservation of the use of any drain for the benefit of the lots lying west of it, and it cut off all such right from any lots subsequently conveyed by Williams.
Williams continued to own the plaintiff’s lot until ¡November, 1849, and his conveyance of…
2Cases cited5 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
- Ward v. . WarrenNew York Court of Appeals · 1880
- Nicholls v. . WentworthNew York Court of Appeals · 1885
- Hannefin v. BlakeMassachusetts Supreme Judicial Court · 1869
3Cited by39 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Waubun Beach Ass'n v. WilsonMichigan Supreme Court · 1936
- Dale v. BedalMassachusetts Supreme Judicial Court · 1940
- Seward Park Housing Corp. v. CohenAppellate Division of the Supreme Court of the State of New York · 2001
- Burling v. LeiterMichigan Supreme Court · 1935
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