Owings v. Lessee of Tiernan, 35 U.S. 24 (1836). · Go Syfert
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Owings v. Lessee of Tiernan, 35 U.S. 24 (1836). Cases Citing This Book View Copy Cite
37 citation events (5 in the last 25 years) across 19 distinct courts.
Strongest positive: Panetta v. Equity One, Inc. (nj, 2007-05-01)
Treatment trajectory · 1906 → 2026 · click a year to view as-of
1906 1966 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Panetta v. Equity One, Inc.
N.J. · 2007 · confidence medium
According to this rule, land cannot be appurtenant to land ---- A mere easement may, without express words, pass as an incident to the principal object of the grant; but it would be absurd to allow the fee of one piece of land, not mentioned in the deed, to pass as appurtenant to another distinct parcel, which is expressly granted by precise and definite boundaries. [Harris v. Elliott, 10 Pet. 25 , 35 U.S. 25, 54 , 9 L.Ed. 333, 344 (1836) (emphasis added).] Our case law has long recognized that rule.
discussed Cited as authority (rule) State Highway Com'n v. McClure
Miss. · 1988 · confidence medium
The Court said: ... where a mere easement is taken for a public highway, the soil and freehold remains in the owner of the land, encumbered only with the easement, and that, upon the discontinuance of the highway, the soil and freehold revert to the owner of the land. 35 U.S. (10 Pet.) at 55 , 9 L.Ed. 333 at 345.
discussed Cited as authority (rule) King v. White (2×)
Wyo. · 1972 · confidence medium
This section is cited with approval in Harris v. Elliott, 10 Peters 25 , 9 L.Ed. 333, 344 (1836).
discussed Cited "see" Apartment Ass'n of L.A. Cty. Inc. v. City of Los Angeles
Cal. · 2001 · signal: accord · confidence high
Surr. 1888) 1 N.Y.S. 276, 278 [dictum]; accord, Harris v. Elliott, supra, 35 U.S. (10 Pet.) at p. 54 [9 L.Ed. at p. 344] [easements]; Black’s Law Dict. (7th ed. 1999) p. 765, col. 1 [“the utility easement is incident to the ownership of the tract”].) It is, of course, axiomatic in Anglo-American law that ownership of real property in fee simple absolute is the greatest possible estate (1 Coke (1628) Institutes of the Lawes of England (Butler & Hargrave’s Notes ed.) 18a, § 11), and among the panoply of lesser estates are such nonfreehold chattels real as leases for a specific term and …
Retrieving the full opinion text from the archive…
Owings Et Al.
v.
Lessee of Tiernan
Supreme Court of the United States.
Jan 18, 1836.
35 U.S. 24
1836 U.S. LEXIS 418
Cited by 10 opinions  |  Published

Mr. Justice Story delivered the opinion of the Court, to the following effect: The rule of the court for docketing and .dismissing causes' has never been applied to any cases, where, before the motion was made, the cause had been actually placed on the docket. In. the. present case, the motion to'dismiss, and the motion to docket the cause, are contemporaneous. . The court are of opinion that, under such circumstances, the ¿notion to docket, the cause ought to be allowed ; upon the usual bond for. the clerk’s fees being given. For this purpose time will be given to the plaintiff in error, (as it is asked), until the 1st day of.March next. If by that time no bond is given, the cause will then be dismissed according the motion of the defendant in error.