Wiswall v. Lansing
New York Court of Appeals
Wiswall v. Lansing, 5 How. Pr. 77 (N.Y. 1848)
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.
Reference
- Full Case Name
- Ebenezer Wiswall, in error, agt. Levinus A. Lansing, in error
- Status
- Published