Rexford v. Marquis
New York Supreme Court
Appeals by plaintiff and defendant from a judgment entered on the decision of a justice, at Special Term, in favor of the plaintiff. The action was brought to compel the defendant to remove a building erected across an alleged passway, and to open the way for the benefit of the plaintiff.
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Appeals by plaintiff and defendant from a judgment entered on the decision of a justice, at Special Term, in favor of the plaintiff. The action was brought to compel the defendant to remove a building erected across an alleged passway, and to open the way for the benefit of the plaintiff. The case was tried before Mr. Justice Balcom at Special Term, who found, in substance, the following facts: That in February, 1842, one Thomas Milner, Sr., owned a piece of land in Norwich, Chenango county, fronting on Main street, a street running in a direction from north to south. The piece or tract was…
1Opinion of the CourtMiller, P. J.
The plaintiff’s claim to the right of way in question in this action is sought to be maintained, first, by virtue of the deed from Thomas Milner to James Kershaw, the defendant’s grantor; and, secondly, as a prescriptive right, acquired by the plaintiff by virtue of a conveyance to him by Thomas Milner, Jr, on the fifth day of November, 1845, and the subsequent use of the same, with the acquiescence of the defendant and his assent to the right claimed by the plaintiff.
First. As to the deed from Milner to Kershaw, it conveys a lot of land by boundaries, and then concludes as follows: “It being…
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- Rogers v. KneelandNew York Supreme Court · 1833
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- Hammond v. Antwerp Light & Power Co.New York Supreme Court · 1928
- In re State Reservation at NiagaraNew York Supreme Court · 1884
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