Kribbs v. . Alford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1887, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts are sufficiently stated in the opinion. The instrument executed by Johnson and Argue was not a lease of the land described in it. ( Voorhees v. P. Church, 5 How.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1887, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts are sufficiently stated in the opinion. The instrument executed by Johnson and Argue was not a lease of the land described in it. ( Voorhees v. P. Church, 5 How. Pr. 58, 71; Jackson v. Harsen, 7 Cow. 523, 526 ; Dolittle v. Eddy, 7 Barb. 74, 78 ; 4 Kent’s Com. 85 ; 1 Washb. on Real Prop. 291; Bradish v. Frink, 49 N.…
1Opinion of the CourtParker, J.
On the 15th day of May, 1880, one Johnson, then being the owner in fee of certain lands, executed and delivered to Thomas Argue an instrument in writing (which for convenience will hereafter he termed a lease), which conferred upon the lattei: the exclusive right to produce oil and gas from said land for a period of twelve years. For that purpose it permitted him to go upon the land and make necessary erections ; but as to any other use Johnson reserved the possession and right of enjoyment. It gave to Argue the right to remove-any and all tools, boilers, engines and machinery; also…
2Cases cited2 opinions
- Potter v. . CromwellNew York Court of Appeals · 1869
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
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- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
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