New York Court of Appeals, 1848

Wiswall v. Lansing

Wiswall v. Lansing
New York Court of Appeals · Decided September 15, 1848
5 How. Pr. 77

Wiswall v. Lansing

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.