Legal Opinion

Ward v. Davis

The Superior Court of New York City

Decided April 1, 1850PublishedCited by 3 opinions

Tms was a suit commenced in 1845, in the late court of chancery, "by Jane E. Ward against Thomas E. Davis, George Griswold, George Griffin, and Francis B. Cutting. The hill stated that on the 29th of April, 1836, Davis then owning an extensive tract of land in the town of Castleton, Richmond County, conveyed the same in fee to James B. Hurray and others, who executed a mortgage thereon to Davis for a part of the purchase money.

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Tms was a suit commenced in 1845, in the late court of chancery, "by Jane E. Ward against Thomas E. Davis, George Griswold, George Griffin, and Francis B. Cutting. The hill stated that on the 29th of April, 1836, Davis then owning an extensive tract of land in the town of Castleton, Richmond County, conveyed the same in fee to James B. Hurray and others, who executed a mortgage thereon to Davis for a part of the purchase money. That thereupon Hurray and others, formed themselves into a voluntary association, called “ The New' Brighton Association,” for the better management of the lands, and…

1Opinion of the CourtBy the Court. Duer, J.

Upon the pleadings and proofs in *510this case, we are asked to restrain the defendants by a perpetual injunction, from erecting any building-or obstruction of any kind upon the terrace at Hew Brighton, designating by the name of terrace, not only the highway or avenue running along the bank, which is the northern boundary of the village, but the whole of the bank itself, extending from the avenue to high water mark; and this relief is asked upon the ground, that long previous to the filing of the bill, and to the acquisition by the defendants of the title under which they claim, the whole…

2Cited by3 opinions

  1. City of Buffalo v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1902
  2. Fisher v. BeardSupreme Court of Iowa · 1871
  3. Cyr v. MadoreSupreme Judicial Court of Maine · 1881

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