Gregg v. Birdsall
New York Supreme Court
THIS was an action in equity, brought to restrain the defendant from the further exercise of certain exceptions and reservations contained in a deed from the defendant to one Heminover, under whom the plaintiffs claim; for a construction of those exceptions and reservations; and for a decree declaring them canceled and extinguished.
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THIS was an action in equity, brought to restrain the defendant from the further exercise of certain exceptions and reservations contained in a deed from the defendant to one Heminover, under whom the plaintiffs claim; for a construction of those exceptions and reservations; and for a decree declaring them canceled and extinguished. The complaint sets forth that the. defendant, in 1856, conveyed to one Heminover a tract of land, excepting and reserving “ all the pine and hemlock suitable for sawing,- and all necessary facilities for removing the same, with the right of flowing the lands now…
1Opinion of the Court
By the Court, Hogeboom, J.
By the judgment pronounced in this case, taken in connection with the referee’s report, it appears that at the commencement of the action there was still upon the premises in question a large number of pine and hemlock trees suitable for sawing at the time of the conveyance to Heminover, and which, under the exception and reservation in the conveyance to him, belonged to the defendant. By the terms of this exception, and reservation “ all the pine and hemlock timber suitable for sawing, and all necessary facilities for removing the same, with the right of flowing the…
2Cited by2 opinions
- Hawkins v. DuvallNew York Supreme Court · 1919
- Hayes v. GregoryAppellate Division of the Supreme Court of the State of New York · 1918