Parish v. Ward
New York Supreme Court
DAVID PARISH, an alien, having been empowered by act of the legislature to take and convey real estate, the same as a natural born citizen, purchased a large quantity of lands, including lot Ho. 687 in Antwerp in the county of Jefferson, in the year 1809. The defendant Ward purchased of the agent of Parish, by contract, a part of said lot, and after occupying several years took a conveyance, in April, 1826; which deed contained an exception of all mines and minerals, “ and…
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DAVID PARISH, an alien, having been empowered by act of the legislature to take and convey real estate, the same as a natural born citizen, purchased a large quantity of lands, including lot Ho. 687 in Antwerp in the county of Jefferson, in the year 1809. The defendant Ward purchased of the agent of Parish, by contract, a part of said lot, and after occupying several years took a conveyance, in April, 1826; which deed contained an exception of all mines and minerals, “ and particularly all the ore of iron, copper or lead.” David Parish died in 1826, intestate and without issue. He left…
1Opinion of the Court
By the Court, Hubbard, P. J.
The important question in this case is as to the plaintiff’s title to the mine of iron ore upon lot 687, excepted from the operation of the deed from David Parish to the defendant Ward. It was conceded on the argument that the exception was good, not repugnant to the granting clause in the deed, and that this action could have been maintained by David had he been living.
The plaintiff deduces his title under the execution of the trust in the will of George Parish, the brother of David, and the uncle of the plaintiff. The defendants’ counsel disputes the title of…
2Cases cited1 opinion
- Goodell v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1823
3Cited by3 opinions
- Rosseel v. WickhamNew York Supreme Court · 1862
- Renner v. MüllerThe Superior Court of New York City · 1879
- Smith v. MulliganNew York Supreme Court · 1871