Legal Opinion

Brady v. . Smith

New York Court of Appeals

Decided April 11, 1905PublishedCited by 20 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1903, which affirmed a judgment, entered upon a decision of the court at a Trial Term without a jury, determining the interests of the parties herein to certain lands and to certain limestone beds located thereon. The facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1903, which affirmed a judgment, entered upon a decision of the court at a Trial Term without a jury, determining the interests of the parties herein to certain lands and to certain limestone beds located thereon. The facts, so far as material, are stated in the opinion. John La Barge did not reserve the limestone or granite bed on the twenty and four one-hundredths acres of land, in his deed to Margaret Lewis, in February, 1852. (Harris v. Oakley, 130 N. Y. 1; Blackman…

1Opinion of the CourtBabtlett, J.

This action, in form, is a partition suit, but by consent was tried for the purpose of settling the rights of all the parties claiming a title or interest in the land or the limestone bed located thereon and the right to work the bed by open quarrying. This action was tried by Justice William S. Andbews, who wrote an opinion which was adopted by the Appellate Division. The long and complicated chain of title involved in this case is set forth in the opinion of the learned trial judge, and need not be stated here in detail.

On or about February 18th, 1852, one John La Farge, who was the owner…

2Cases cited1 opinion

  1. Armstrong v. Lake Champlain Granite Co.New York Court of Appeals · 1895

3Cited by20 opinions

  1. Heinatz v. AllenTexas Supreme Court · 1949
  2. Holloway Gravel Co. v. McKowenSupreme Court of Louisiana · 1942
  3. Rock House Fork Land Co. v. Raleigh Brick & Tile Co.West Virginia Supreme Court · 1918
  4. Wallace v. HoytCourt of Appeals of Texas · 1920
  5. Kinder v. LaSalle County Carbon Coal Co.Illinois Supreme Court · 1923

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