
    Albert G. Mosher, Appellant, v. Estella Blanchard et al., Respondents.
    
      Real property — right of way — insufficiency of evidence to establish grant of right of way.
    
    
      Mosher v. Blanchard, 190 App. Div. 967, affirmed.
    (Argued October 12, 1921;
    decided October 28, 1921.)
    Appeal from a judgment, entered January 28, 1920, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term and directing a dismissal of the complaint. The action was to establish a right of way over lands belonging to defendants. The Appellate Division held that “ the plaintiff failed to make out a cause of action by clear, convincing and satisfactory evidence, and particularly to establish by the greater weight of evidence that George Green made an agreement either orally or in writing conveying or agreeing to convey to the plaintiff the right of way described in the complaint in the north side of said farm or elsewhere, over and across the same or conveyed or agreed to convey any right, title or interest in or to said farm.”
    
      Amasa J. Parker for appellant.
    
      Louis K. R. Laird and Henry F. Millard for respondents.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin and Crane, JJ. Absent: Andrews, J.  