French v. . Carhart
New York Court of Appeals
Error from the Supreme Court. Carhart sued French for overflowing his land, situated upon a creek, called the Eormanskill in Guilderland, Albany County, by means of a dam erected upon the stream below the premises overflowed.
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Error from the Supreme Court. Carhart sued French for overflowing his land, situated upon a creek, called the Eormanskill in Guilderland, Albany County, by means of a dam erected upon the stream below the premises overflowed. On the trial at the Albany Circuit before Cushman, Circuit Judge, in October, 1843, the. evidence tended to shew that in 1793, Abraham Ten Broeck and Wife gave a perpetual lease of the premises claimed by the plaintiff below, to John Bullock, which contained a reservation in these words: “ Saving and always excepting to the said, parties of the first part, their heirs,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Taking into consideration the words of the exception and condition annexed, it appears plain to my mind that the reservation of the creeks, kills, runs and streams of water, was intended by the parties to the conveyance to be absolute and unqualified. There is an obvious distinction between the reservation, as it relates to mines…
2Cases cited1 opinion
- Bradley v. Washington, Alexandria, & Georgetown Steam Packet Co.Supreme Court of the United States · 1839
3Cited by54 opinions
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
- Lone Star Gas Co. v. X-Ray Gas Co.Texas Supreme Court · 1942
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
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