New York Court of Appeals

Edward Simmons, Respondents v. Thomas Cloonan, Appellants

September 21, 188081 N.Y. 557

Summary

The Court affirmed the lower court, holding that the deed to Smith conveyed the water‑power rights as appurtenances because they were open, visible and necessary for the full enjoyment of the mill lot, and that the date of the deed, not the earlier contract, is the date of the sale.