Powlowski v. Mohawk Golf Club
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Van Kirk, J.:
The interpretation of the deed “ is not to be determined, under the circumstances, solely, by the language of the description. Reference may be had to what the facts evidence as the intention of the parties.” (Mott v. Eno, 181 N. Y. 346, 373.) The words “ the fee * * * of all the streets and ways,” in the clause of the deed, were not used in their ordinary meaning, or as the equivalent of “ the fee of all the lands under the streets.” They are so qualified by the other words used as to disclose plainly that the “ use of said streets,” not the “ fee ” in the lands under the…
2Cases cited8 opinions
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- Reis v. . City of New YorkNew York Court of Appeals · 1907
- Lord v. . AtkinsNew York Court of Appeals · 1893
- Burbank v. . FayNew York Court of Appeals · 1875
- McCann v. . Chasm Power Co.New York Court of Appeals · 1914
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3Cited by11 opinions
- Castle Associates v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1978
- Spiegel v. FerraroNew York Court of Appeals · 1989
- Fischer v. LiebmanAppellate Division of the Supreme Court of the State of New York · 1988
- O'Hara v. WallaceAppellate Division of the Supreme Court of the State of New York · 1976
- O'Hara v. WallaceNew York Supreme Court · 1975
6 more not listed; retrieve them via the Exa API.