Jones v. . Chamberlain
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 7, 1885, which affirmed a judgment entered upon a verdict in favor of plaintiff. The nature of the action and the facts are sufficiently stated in the opinion. The power to sequestrate property, and particularly land, must be expressly conferred; it cannot rest in anything short of a necessary implication.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 7, 1885, which affirmed a judgment entered upon a verdict in favor of plaintiff. The nature of the action and the facts are sufficiently stated in the opinion. The power to sequestrate property, and particularly land, must be expressly conferred; it cannot rest in anything short of a necessary implication. (Sharp v. Spier, 4 Hill 76, 84, 85; Bouton v. City of Brooklyn, 15 Barb. 382; Whitney v. Thomas, 23 N. Y. 281.) The only implication that can legitimately…
1Opinion of the CourtDanforth, J.
The plaintiff sought by this action to recover 359 acres of land situate in the town of Allegany, Cattaraugus county, known as lot 3, section 1, township 1, range 5, in the Holland Company survey, and for an accounting for oil taken therefrom by the defendants and pending the action an injunction and receiver.
The defendant, the Bradford Oil Company, answered, setting up a general denial of the allegations of the complaint. The other defendants, Fay and Chamberlain, put in a similar answer. The issues were brought to trial before a jury, who, by their verdict, found the plaintiff to be owner…
2Cases cited2 opinions
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- In Re the Executors & Legatees of & Under the Last Will & Testament of McPhersonNew York Court of Appeals · 1887
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- Metropolitan Package Store Ass'n v. KochAppellate Division of the Supreme Court of the State of New York · 1982
- Berkshire Fine Spinning Associates, Inc. v. City of New YorkNew York Court of Appeals · 1959
- Stinson v. ThorsonNorth Dakota Supreme Court · 1916
- People ex rel. Broderick v. GoldfogleAppellate Division of the Supreme Court of the State of New York · 1925
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