Welsh v. . Taylor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made November ^ 1889, which affirmed a judgment of the Special Term. The plaintiff is the owner of property in New York known as Nos. 143 and 145 Franklin street, bounded easterly by an alleyway. Defendant is the owner of property known as Nos. 139 and 141 Franklin street, bounded westerly by said alley. The common source of title was Alexander L. Stewart.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made November ^ 1889, which affirmed a judgment of the Special Term. The plaintiff is the owner of property in New York known as Nos. 143 and 145 Franklin street, bounded easterly by an alleyway. Defendant is the owner of property known as Nos. 139 and 141 Franklin street, bounded westerly by said alley. The common source of title was Alexander L. Stewart. He conveyed Nos. 143 and 145 to plaintiff’s grantors with the “ right and privilege of passing and repassing through said…
1Opinion of the CourtBrown, J.
The judgment in this action was first reversed by the General Term, but upon a reargument it was affirmed. The final decision of the court rested upon the authority of Snell v. Levitt (110 N. Y. 595), and it appears from the General Term opinion that the proposition assumed to have been there decided, which was made applicable to this case, was that an easement acquired by grant may be extinguished by actual abandonment or non-user for a period less than twenty years.
That question was not involved in the facts of the case cited and its consideration was not necessary to its decision.
There was…
2Cases cited2 opinions
- Snell v. . LevittNew York Court of Appeals · 1888
- Crain v. FoxNew York Supreme Court · 1853
3Cited by69 opinions
- Gerbig v. ZumpanoNew York Court of Appeals · 1960
- Haight v. . LittlefieldNew York Court of Appeals · 1895
- Consolidated Rail Corp. v. MASP Equipment Corp.New York Court of Appeals · 1986
- Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Woodside v. CiceroniCourt of Appeals for the Ninth Circuit · 1899
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