Conger v. Treadway
New York Supreme Court
Case submitted on agreed statement. Action by Clarence B. Conger against John Treadway, for the possession of a lot of land used by defendant as a burial ground. There was a verdict •for defendant, and plaintiff excepted.
1Opinion of the CourtBarnard, P. J.
The case shows that one De Noyells, being the owner of a lot of land containing some 13 acres, conveyed ten-elevenths of the same to 10 individuals, on the condition that the same was conveyed “for the purpose of a cemetery, or burying place for the dead, and for no other purpose.” The plaintiff became subsequently the owner, by deed in partition dated January 9, 1882, of all those portions of the lot “not sold or parted with before the date of said deed.” The defendant claims to have been a purchaser of the lot in question before plaintiff got his deed. The evidence shows that the associates…
2Cases cited1 opinion
- Buffalo City Cemetery v. . City of BuffaloNew York Court of Appeals · 1871
3Cited by4 opinions
- Trefry v. YoungerMassachusetts Supreme Judicial Court · 1917
- In re O'RourkeNew York Surrogate's Court · 1895
- Conger v. TreadwayNew York Supreme Court · 1889
- Conger v. WeyantNew York Supreme Court · 1889