Wiswall v. Lansing

New York Court of Appeals

Wiswall v. Lansing

5 How. Pr. 77

DecidedSeptember 15, 1848

StatusPublished

This text of 5 How. Pr. 77 (Wiswall v. Lansing) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wiswall v. Lansing, 5 How. Pr. 77 (N.Y. 1848).

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Opinion

This was an action for obstructing a way. It was held, among other questions, that a devise of land to which a right of way is appurtenant, will pass the easement to the devisee, although it be not particularly specified in the will

Also that twenty years uninterrupted and unqualified enjoyment of a way across the lands of another, is decisive evidence of a grant of the right of way.

Other questions in relation to the pleadings and exceptions in the case were decided. Reported, 5 Denio, 213.

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This was an action for obstructing a way. It was held, among other questions, that a devise of land to which a right of way is appurtenant, will pass the easement to the devisee, although it be not particularly specified in the will

Also that twenty years uninterrupted and unqualified enjoyment of a way across the lands of another, is decisive evidence of a grant of the right of way.

Other questions in relation to the pleadings and exceptions in the case were decided. Reported, 5 Denio, 213.

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Bluebook (online)

5 How. Pr. 77, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiswall-v-lansing-ny-1848.

Opinion

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