Ennis v. Grover
New York Supreme Court
Action for the enforcement of certain easements appurtenant to plaintiffs’ lands.
1Opinion of the CourtO’Gorman, J.
Under the general rule that a gTant in gross is never presumed v hen it can he fairly construed as appurtenant to some other estate, it is quite clear that the wharfage rights in question were appurtenant to the land granted to William Hockman by the city of Hew York in 1847. Wharfage rights may constitute an easement in gross as was the pase in Mayor, etc. v. Law, 125 N. Y. 392, but there the grantee did not own the upland at the point in controversy, and the court held, in view of the circumstances of the case, that the intention was to create an interest in the wharf which the grantee…
2Cases cited1 opinion
- Mayor, Aldermen & Commonalty v. George LawNew York Court of Appeals · 1891
3Cited by5 opinions
- City of Missoula v. BakkeMontana Supreme Court · 1948
- Ennis v. GroverAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Construction of the Will of WoggonNew York Surrogate's Court · 1949
- City of Missoula v. BakkeMontana Supreme Court · 1948
- Ennis v. GroverAppellate Division of the Supreme Court of the State of New York · 1907