Legal Opinion

Johnson v. . Grenell

New York Court of Appeals

Decided May 10, 1907PublishedCited by 31 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 5, 1906, reversing a judgment in favor of defendant entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The fee in the northerly one-half of the lands of South boulevard adjacent to the easterly one-half of lot 34 is all that plaintiff can reasonably claim.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 5, 1906, reversing a judgment in favor of defendant entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The fee in the northerly one-half of the lands of South boulevard adjacent to the easterly one-half of lot 34 is all that plaintiff can reasonably claim. (Bissell v. N. Y. C. R. R. Co., 23 N. Y. 61; Perrin v. N. Y. C. R. R. Co., 36 N. Y. 121; Graham v. Stern, 168 N. Y. 521; Mott v.…

1Opinion of the CourtGray, J.

In 1865, Lucy M. Grenell purchased an island in the St. Lawrence river and she caused the same to be laid out into lots, with boulevards, streets and roads; according to a map which she made and filed. Hpon this map the lots were numbered and, in 1894, she sold to Hopkins & Chamberlain “ the lot numbered 34 as laid out on the map of the Grenell Island Park, the lot laying (sic), on the South east shore and adjoining lot 175, on the south west o'f lot now deeded to Widener, the lot 126 feet front and 68 feet deep, supposed to contain 60 by 100 feet, the same more or less.” Thereafter, in 1897,…

2Cases cited3 opinions

  1. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  2. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  3. Haberman v. . BakerNew York Court of Appeals · 1891

3Cited by31 opinions

  1. Thies v. HowlandMichigan Supreme Court · 1986
  2. 2000 Baum Family Trust v. BabelMichigan Supreme Court · 2010
  3. Gifford v. HortonWashington Supreme Court · 1909
  4. Croucher v. WoosterMichigan Supreme Court · 1935
  5. McGee v. SwearengenSupreme Court of Arkansas · 1937

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