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5 How. Pr. 77

Wiswall v. Lansing

New York Court of Appeals

Decided September 15, 1848

New York Court of Appeals · decided 1848-09-15

Judgment affirmed · Decided 1848-09-15

¶1This 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

¶2Also 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.

¶3Other questions in relation to the pleadings and exceptions in the case were decided. Reported, 5 Denio, 213.

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