Oakes v. . Delancey
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Flew York, entered upon an order made July 14, 1891, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a j™7- This action was brought to recover the sum of $11,987.50, with interest from July 8,1890, which amount plaintiff alleged he overpaid to the defendant upon the purchase of a tract of land at DeLancey’s Neck in the town of Mamaroneck,…
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Appeal from judgment of the General Term of the Superior Court of the city of Flew York, entered upon an order made July 14, 1891, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial without a j™7- This action was brought to recover the sum of $11,987.50, with interest from July 8,1890, which amount plaintiff alleged he overpaid to the defendant upon the purchase of a tract of land at DeLancey’s Neck in the town of Mamaroneck, Westchester county, N. Y., known as “ Yergemere.” That by the terms of the auction sale at which it was bought, it was…
1Opinion of the CourtFinch, J.
The only question raised by this appeal is over the true construction of the deed given by the defendant. The premises were described as “ Vergemere,” and bounded on the north and east by the waters of Long Island sound, and the dispute is whether the description of the conveyance includes or excludes the strip of land on the water fronts between high and low water and which constitutes the shore. The description is thus phrased: “ Beginning at a point in the center line of an avenue sixty feet wide, known as De Lancey a enue, which point bears south forty-two degrees and forty-seven minutes…
2Cases cited1 opinion
- Belknap v. . SealeyNew York Court of Appeals · 1856
3Cited by25 opinions
- Ingelson v. OlsonSupreme Court of Minnesota · 1937
- Parrow v. ProulxSupreme Court of Vermont · 1940
- Wetzler v. PattersonCalifornia Court of Appeal · 1925
- Walker v. DavidSupreme Court of Arkansas · 1901
- Rathke v. TylerSupreme Court of Iowa · 1907
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