New York Court of Appeals

George H. Treadwell, as Executor v. Samuel Inslee, as Executor

June 3, 1890120 N.Y. 458

Summary

The New York Court of Appeals affirmed the lower court's judgment for the respondents, holding that the plaintiff's testator did not acquire a prescriptive easement or any conveyance right of drainage across the defendant's lot. The court found no evidence of a reserved drainage right in the deeds and concluded that the alleged adverse use was not established because the defendant never had actual or constructive notice of the drain.