Muldoon v. . Deline
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July T, 1891, which affirmed 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. The plaintiff must justify the judgment in this action upon the strength of his own title.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July T, 1891, which affirmed 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. The plaintiff must justify the judgment in this action upon the strength of his own title. (Roberts v. Baumgarten, 110 N. Y. 380.) Every grant must be so construed, if possible, as to effect the intent of the parties. (Lush v. Druse, 4 Wend. 313, 319; 1 Greenl. on Ev. § 301;…
1Opinion of the Court
■ Earl, Oh. J.
This is an action of ejectment to recover a small triangular piece of land. The parties own adjoining lots and both claim under the same grantor, Burton. The plaintiff took his deed June 29, 1885, and the defendant took his July seventeenth afterward. The land conveyed to the plaintiff is described in his deed as follows: “ Beginning in the easterly line of Bust street forty feet north from the southerly line of lot Ho. 121 on said map, thence easterly at right angles to Bust street 153 feet to the southerly line of lot Ho. 137, thence northwesterly on the southerly line of lot…
2Cited by14 opinions
- City of Geneva v. . HensonNew York Court of Appeals · 1909
- Kassner v. Alexander Drug Co.Supreme Court of Oklahoma · 1943
- Graham v. . SternNew York Court of Appeals · 1901
- Perry v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2010
- Watson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
9 more not listed; retrieve them via the Exa API.