Armstrong v. Lake Champlain Granite Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upo», an order made May 9, 1893, which affirmed a judgment i*. favor of defendant, dismissing the complaint upon the merits, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upo», an order made May 9, 1893, which affirmed a judgment i*. favor of defendant, dismissing the complaint upon the merits, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff established title to all of the granite on lot No. 27. Minerals and ores ma|r be held by perfect" title in fee as distinct from the soil. {Byekmcm v. Gillis, '57 N. Y. 68, 73.) The .conveyance of “ all the…
1Opinion of the Court
Andrews, Ch. J.
This action was brought to restrain the defendants from quarrying granite upon lot 27, Split Rock tract, in Essex county. Both parties claim title to the granite. The plaintiff claims under two deeds from Philip S. Baldwin, the common source of title to John Bridgford and others, one dated March 30, 1871, and the other Maly 18, 1871. By the first deed, which recites a consideration of eight hundred dollars, Baldwin conveyed to the grantees “All the mineral ores” on the tract, “together with all needed ways and privileges for mining and raising and removing said mineral ores,…
2Cases cited3 opinions
- Voorhees v. . BurchardNew York Court of Appeals · 1873
- Moore v. . BrownNew York Court of Appeals · 1893
- Moore v. BrownNew York Supreme Court · 1891
3Cited by26 opinions
- Northern Pacific Railway Company v. SoderbergSupreme Court of the United States · 1902
- United States v. Cherokee Brick & Tile CompanyCourt of Appeals for the Fifth Circuit · 1955
- Luse v. BoatmanCourt of Appeals of Texas · 1919
- Rock House Fork Land Co. v. Raleigh Brick & Tile Co.West Virginia Supreme Court · 1918
- Uihlein v. . MatthewsNew York Court of Appeals · 1902
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