Gillespie v. Broas
New York Supreme Court
THIS was an appeal from an order of Justice Smith, denying a motion to vacate an injunction order granted by Justice Welles. The facts set forth in the complaint were these: that in April, 1854, the legislature passed a law erecting the county of Schuyler, and appointed commissioners to select a site for a court house, jail and clerk’s office. That within the proper time the site was selected at Havana and a deed therefor given by the owner of the land, Charles Cook.
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THIS was an appeal from an order of Justice Smith, denying a motion to vacate an injunction order granted by Justice Welles. The facts set forth in the complaint were these: that in April, 1854, the legislature passed a law erecting the county of Schuyler, and appointed commissioners to select a site for a court house, jail and clerk’s office. That within the proper time the site was selected at Havana and a deed therefor given by the owner of the land, Charles Cook. That other commissioners were appointed by said act to superintend the erection of said court house, jail and clerk’s office,…
1Opinion of the CourtT. R. Strong, J.
The words “ a good unincumbered title,” in the 18th section of the act erecting the county of Schuyler, mean a title in fee simple absolute, free and clear from any legal exception or charge thereon. They import an estate without any prior claim, to continue forever, and having no qualification or condition in regard to its continuance. This is the just interpretation of the phrase, separately considered. A “ title” is, by the section, to be made to the county, and a title, without any qualifying words, includes the entire estate in the *376premises; it is to be a “ good” title, that is, in its…
2Cases cited10 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Waller v. HarrisNew York Supreme Court · 1838
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Clute v. RobinsonNew York Supreme Court · 1807
- Jones v. GardnerNew York Supreme Court · 1813
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3Cited by9 opinions
- First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
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- Clough & Wheat v. HartSupreme Court of Kansas · 1871
- Stephens v. Comm'rs of Jefferson CountySupreme Court of Kansas · 1874
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