Mitchell v. . Thorne
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the second judicial department, entered upon an order made July 18, 1890, which reversed a judgment in favor of defendant entered upon an order sustaining a demurrer to plaintiff’s complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the Court
Follett, Ch. J.
It is alleged in the complaint that the father of the plaintiffs, together with his brothers and sisters, ■owned as tenants in common a farm of two hundred acres, a small portion of which had been laid out and inclosed as a family burial ground, wherein the ancestors and collateral relatives of the plaintiffs have been buried from time to time and their graves marked by the usual mounds and appropriate memorial stones. •
It is further alleged that these tenants conveyed the farm to R. V. W. Thorne, by a deed which contains the following language: “ Excepting and reserving the…
2Cases cited11 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- Emery v. . PeaseNew York Court of Appeals · 1859
- Nellis v. . MunsonNew York Court of Appeals · 1888
- Cadigan v. BrownMassachusetts Supreme Judicial Court · 1876
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3Cited by49 opinions
- Barson v. . MulliganNew York Court of Appeals · 1908
- Jacobus v. Congregation of ChildrenSupreme Court of Georgia · 1899
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- In re the Estate of MarshNew York Surrogate's Court · 1932
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