Walker v. Marcellus & Otisco Lake Railway Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9, 1917, unanimously affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtAndrews, J.
The plaintiff conveyed, by metes and bounds to the defendant’s predecessor in title a strip of land one hundred feet wide running through her farm. The grantor, however, “ reserves and excepts out of the aforesaid premises for herself, her heirs, grantees, lessees and assigns, the lime kiln and the land that the same now occupies so long as said lime kiln is occupied and used for the purpose of burning lime.” This parcel was about twenty feet square, and is the land which the plaintiff seeks to recover in ejectment. -
By the words used there was excepted from the grant as to the twenty feet in…
2Cited by9 opinions
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- Bishop v. BishopNew York Court of Appeals · 1931
- Buffalo Seminary v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1982
- Williams v. WattWyoming Supreme Court · 1983
- Barry v. NewtonSupreme Court of Colorado · 1954
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