Smith v. Gage
New York Supreme Court
THIS action was brought to recover the possession of real estate, and was tried before Justice Bockbs in March, 1862, without a jury. There was no question of fact in the case, to be considered. The exceptions are only to the conclusions of the judge upon his findings of fact.
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THIS action was brought to recover the possession of real estate, and was tried before Justice Bockbs in March, 1862, without a jury. There was no question of fact in the case, to be considered. The exceptions are only to the conclusions of the judge upon his findings of fact. The plaintiff rests his right to recover upon a deed from the grantee of a sheriff, at a sale by him of the interest of J ohn Lamb, under a judgment obtained in the superior court of New York, December 5, 1850, docketed in Franklin county, on the 17th of August, 1855, for $8925.29. The sheriff's sale was made 21st of…
1Opinion of the CourtPotter, J.
The first question, I think, to be examined in proper order is: Was the interest which John Lamb took in the contract in question, under the will of Anthony Lamb, real or personal estate ? But for the labored and elaborate argument on the part of the plaintiff to prove it to be a devise of real estate, I should not have supposed that such was the law, or that such a construction could be claimed. The provisions of this will, in its terms, are certainly clear and intelligible. There is neither latent or patent ambiguity in its language to be explained. In such a case I understand the rule is,…
2Cases cited18 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Phyfe v. RileyNew York Supreme Court · 1836
- Governeur v. LynchNew York Court of Chancery · 1830
- Keirsted v. AveryNew York Court of Chancery · 1832
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
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3Cited by8 opinions
- Bowen v. LansingMichigan Supreme Court · 1901
- Persico v. GuernseyNew York Supreme Court · 1927
- New York Central & Hudson River Railroad v. CottleNew York Supreme Court · 1917
- Armstrong v. . McLeanNew York Court of Appeals · 1897
- Hardy v. Norfolk Manufacturing Co.Supreme Court of Virginia · 1885
3 more not listed; retrieve them via the Exa API.