Parker & Edgarton v. Foote

19 Wend. 309 (1838)

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Nature of the Case

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Facts

D owned two village lots and sold one of them to Stebbins who erected a dwelling house. D also built an additional house on the other lot. The space between the homes was occupied by D as an alley leading to buildings in the rear of his lot. Twenty-four years later, D erected a store in the alley filling up the space between the two houses. P owned the lot from Stebbins and P sued for stopping of the lights. D moved for nonsuit and insisted that there was no evidence of a user authorizing the presumption of a grant as to the windows. The trial judge ruled in favor of P.