Olmsted v. . Loomis and Graves
New York Court of Appeals
Isr the year 1802. Jonathan Wales was the owner of a tract of land on the Oriskany creek, in the county of Oneida, on which there was a dam across the creek, a raceway of eighty-three rods in length along the left hank of the creek, and a forge for the manufacture of wrought iron situated near the lower end of the race.
Read the full summary
Isr the year 1802. Jonathan Wales was the owner of a tract of land on the Oriskany creek, in the county of Oneida, on which there was a dam across the creek, a raceway of eighty-three rods in length along the left hank of the creek, and a forge for the manufacture of wrought iron situated near the lower end of the race. On the 4th of May in that year, the forge being.then in operation, Wales conveyed by deed to Alfred Smith, Solomon Loomis and Eason Trow-bridge, under whom the.defendants claim title,' a part of the land lying between the creek and the race above the forge. The deed contained…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The first question to be determined arises upon the construction and effect of the deed of 1802; and for that purpose the deed and agreement, being cotemporaneous instruments relating to the same matter, are to be read and considered together.
On this point I concur entirely in the opinion delivered in the court below, that by the…
2Cases cited1 opinion
- Belknap v. TrimbleNew York Court of Chancery · 1831
3Cited by19 opinions
- Carthage Tissue Paper Mills v. Village of CarthageNew York Court of Appeals · 1910
- Borst v. . EmpieNew York Court of Appeals · 1851
- Hall v. Sterling Iron & Railway Co.New York Court of Appeals · 1896
- Tracy Development Co. v. . BeckerNew York Court of Appeals · 1914
- Combs v. SlaytonOregon Supreme Court · 1890
14 more not listed; retrieve them via the Exa API.