Schaefer v. Thompson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Schaefer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 17tli day of October, 1897, upon the decision of the court rendered after a trial at the Suffolk Trial Term without a jury dismissing the complaint upon the merits.
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Appeal by the plaintiff, Mary Schaefer, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Suffolk on the 17tli day of October, 1897, upon the decision of the court rendered after a trial at the Suffolk Trial Term without a jury dismissing the complaint upon the merits. Hommel being the owner of a lot 50 feet front on Main street, Hortliport, conveyed (with his wife) the westerly part, 30 feet front, to Schaefer, and later the latter conveyed the same to his wife, the plaintiff. The deed of Hommel contained the following clause:…
1Opinion of the Court
Gaynor, J.:
The plaintiff claims that the reservation clause-in the deed in respect of the right of way jvas personal to the grantor, and therefore ceased when he conveyed his land afterwards. I-t being plain and unambiguous, facts dehors may not be resorted to for its interpretation. It is not affected by the absence of the word “ heirs ” or other words of inheritance. A reservation by the grantor in a deed poll is deemed a grant by the -grantee to him, and operates as such (3 Wash, on Real Prop. 5th ed. pp. 461-2, 470-3 ; Reeves on Real Prop. p. 166; Claflin v. Boston & Albany Railroad, 157…
2Cases cited1 opinion
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by2 opinions
- Chain Locations of America, Inc. v. County of WestchesterNew York Supreme Court · 1959
- Brooks v. WheelerAppellate Division of the Supreme Court of the State of New York · 1925