Legal Opinion

Harris v. . Oakley

New York Court of Appeals

Decided October 20, 1891PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 19, 1889, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.

Read the full summary

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 19, 1889, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The deed from Hulin to Harris, if it was intended to convey this triangular piece of land, was absolutely void as to such triangular piece of land under the Statute of Champerty. (1 R. S. 739, § 147; Christie v. Gage, 71 N. Y. 189; Sands v. Hughes,…

1Opinion of the CourtHaight, J.

This action was brought to recover the possession of certain real estate situate in the city of Bochester.

It appears that one Truman Hulin was the owner in fee of a parcel of land bounded on the north by Brooks avenue; on the east by what was formerly the Genesee Valley canal, now occupied by the Western Blew York and Pennsylvania railroad ; on the south by land owned by George Harrison, and on the west by Genesee street. The lot was divided by a board fence running through to the canal nearly at right angles with Genesee street, which had existed for many years, and the land south thereof…

2Cases cited2 opinions

  1. Vosburgh v. . TeatorNew York Court of Appeals · 1865
  2. Clark v. WetheyNew York Supreme Court · 1838

3Cited by17 opinions

  1. Walker v. DavidSupreme Court of Arkansas · 1901
  2. Hornet v. DumbeckIndiana Court of Appeals · 1906
  3. Jakubowicz v. SolomonAppellate Division of the Supreme Court of the State of New York · 2013
  4. Owen v. HendersonWashington Supreme Court · 1896
  5. Smith v. StaceyAppellate Division of the Supreme Court of the State of New York · 1902

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API