Hills v. Miller
New York Court of Chancery
In July, 1816, W. Bostwick was the owner of a lot of land in the village of Auburn, containing about four acres, lying on the west side of South and Hotel streets. He also owned a small triangular piece of land on the east side of Hotel street, at the junction of that and South street. This piece of land lay directly opposite or in front of the north part of the four acre lot, and was between five and six rods in length, north and south.
Read the full summary
In July, 1816, W. Bostwick was the owner of a lot of land in the village of Auburn, containing about four acres, lying on the west side of South and Hotel streets. He also owned a small triangular piece of land on the east side of Hotel street, at the junction of that and South street. This piece of land lay directly opposite or in front of the north part of the four acre lot, and was between five and six rods in length, north and south. E. Miller contracted to purchase the four acre lot; and as a part of the bargain, it was agreed that the triangular piece of land should be deemed public…
1Opinion of the Court
The Chancellor.
In this case it is evident, from the admissions in the answers, that the agreement to keep the triangular lot clear of buildings, and the agreement for the purchase of the lands conveyed by Bostwick to Miller by the deed of July, 1816, formed one entire contract, although embraced in different instruments. In Jackson v. Dunsbagh, (1 John. Cas. 91,) the supreme court of this state decided that separate deeds or instruments, executed at the same time, and in relation to the same subject matter, might be taken together and construed as one instrument. That decision was founded in…
2Cited by92 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Mayor of Macon v. FranklinSupreme Court of Georgia · 1852
- Palmer v. . PalmerNew York Court of Appeals · 1896
87 more not listed; retrieve them via the Exa API.