Dale v. Roosevelt
New York Court of Chancery
THE plaintiffs, as executors of Robert Fulton, filed their bill, the 18th of November, 1817, for relief against an agreement entered into between the testator, in his life time, and the defendant.
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THE plaintiffs, as executors of Robert Fulton, filed their bill, the 18th of November, 1817, for relief against an agreement entered into between the testator, in his life time, and the defendant. The agreement, which was under seal, was dated September 16th, 1813. It recited, that the defendant had discovered a coal mine on the bank of the river Ohio, in the Indiana Territory, some distance above Anderson's creek, at which mine the steam boat, on her first descent, took in coal for her fuel; that the coal mine was embraced by certain land, particularly described; which land, the defendant…
1Opinion of the Court
The Chancellor.
The representatives of Robert Fulton, deceased, are sued at law, upon a covenant which he made with the defendant, to pay him an annuity of 1,000 dollars a year, for twenty years, to be computed from the 5th *176of June, 1S14. The consideration for this covenant was the conveyance of 1,040 acres of land on the right bank of the river Ohio, in the now state of Indiana, stated to embrace “ a certain coal mine, on the bank of the Ohio river, in the Indiana territory, some distance above where the creek, called Anderson’s creek, empties into the Ohio river,” and which coal mine the…
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- Williams v. CarrColorado Court of Appeals · 1894
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