Brown v. . Wadsworth
New York Court of Appeals
. Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 25,1899, affirming a judgment in favor of defendants entered upon a verdict directed by the court. This is an action of ejectment brought to recover an undivided one-third part of certain, premises situated on Bridge street, in the borough of Brooklyn.
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. Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 25,1899, affirming a judgment in favor of defendants entered upon a verdict directed by the court. This is an action of ejectment brought to recover an undivided one-third part of certain, premises situated on Bridge street, in the borough of Brooklyn. The plaintiffs are the children and sole heirs of Ulmer C. Buss, deceased, who was one of the three children of Catharine Buss, from whose grantee defendants derive their claim of title. The land in controversy stands in…
1Opinion of the CourtLandon, J.
The trust provisions of the deed of 1827 of the York street property, and of the deed of 1835 of the Bridge street property are in the same words and in our opinion of the same legal effect. We think the rule in Shelley’s case, which was abrogated by the Bevised Statutes, January 1, 1830, did not apply to the deed of 1827, and, therefore, the deed of that date had the same meaning as the deed of 1835? which is to be construed under the Revised Statutes. The rule as stated in Shelley’s Case (1 Coke Rep. 104) was: “ When the ancestor by any gift or conveyance takes an estate of freehold and in…
2Cases cited15 opinions
- Vanderheyden v. CrandallNew York Supreme Court · 1846
- Striker v. . MottNew York Court of Appeals · 1863
- Wickes v. ClarkeNew York Court of Chancery · 1840
- Schoonmaker v. SheelyCourt for the Trial of Impeachments and Correction of Errors · 1846
- Ellsworth v. CookNew York Court of Chancery · 1841
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3Cited by6 opinions
- Peabody v. CookMassachusetts Supreme Judicial Court · 1909
- Evans v. Bishop Trust Co.Hawaii Supreme Court · 1912
- Raymond v. HarrisAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Construction of the Will of WelshNew York Surrogate's Court · 1956
- Slater v. RudderforthCourt of Appeals for the D.C. Circuit · 1905
1 more not listed; retrieve them via the Exa API.