Wagner v. . Mallory
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 3, 1899, affirming a judgment in favor of defendants entered upon the report of a referee. The .nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 3, 1899, affirming a judgment in favor of defendants entered upon the report of a referee. The .nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in his conclusion of law that the plaintiffs did not, by the deed to them from the heirs, devisees and executors of Job Moses, deceased, acquire any title to or interest in the oil to be found in the lands described in the complaint. (Peck v. Mallams, 10 N. Y. 532; Martin v. Olcott,…
1Opinion of the CourtHaight, J.
This action was brought to enjoin the defendants from appropriating the oil produced upon the premises described in the complaint, and for an accounting, etc.
There is no controversy with reference to the facts. The history of the title to the lands in question is of considerable length, and is fully set forth in the findings of the referee. We shall here state only so much of it as presents the question to be determined.
In the year 1887 one Job Moses died, leaving a last will and testament, which was duly admitted to probate in Cattaraugus county. At the time of his death he was the owner of…
2Cases cited1 opinion
- Goodale v. . TuttleNew York Court of Appeals · 1864
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