Parker & Edgarton v. Foote
New York Supreme Court
This was an action on the case for stopping lights in a dwelling house, tried at the Oneida circuit in April, 1836, before the Hon. Hiram Denio, then one of the circuit judges. In 1808 the defendant being the owner of two village lots situate in the village of Clinton, adjoining each other, sold one of them to Joseph Stebbins, who in the same year erected a dwelling house thereon on the line adjoining the other lot with windows in it overlooking the other lot.
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This was an action on the case for stopping lights in a dwelling house, tried at the Oneida circuit in April, 1836, before the Hon. Hiram Denio, then one of the circuit judges. In 1808 the defendant being the owner of two village lots situate in the village of Clinton, adjoining each other, sold one of them to Joseph Stebbins, who in the same year erected a dwelling house thereon on the line adjoining the other lot with windows in it overlooking the other lot. The defendant also in the same year built an addition to a house which stood on the lot which he retained, leaving a space of about…
1Opinion of the Court
By the Court,
Bronson, J.
The modern doctrine of ■ presuming a'right, by grant or otherwise, to easements and j incorporeal hereditaments after twenty years of uninterrupted ' adverse enjoyment, exerts a nriuch wider influence in j quieting possession, than the old ^'doctrine of title by pre- ; scription, which depended on immemorial usage. .The pe- ; riod of 20 years has been adopted by the courts in'analogy 1 to the statute limiting an entry into lands ; but as the stat- i *313ate does not apply to incorporeal rights, the adverse user not regarded as a legal bar, but only as a ground for pre||…
2Cases cited5 opinions
- Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
- Mahan v. BrownNew York Supreme Court · 1835
- Story v. OdinMassachusetts Supreme Judicial Court · 1815
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Doe ex dem. Marston v. ButlerNew York Supreme Court · 1829
3Cited by88 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Lampman v. . MilksNew York Court of Appeals · 1860
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Doyle v. . LordNew York Court of Appeals · 1876
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