Deutermann v. Pollock
Appellate Division of the Supreme Court of the State of New York
Appeal hy the plaintiffs, Charles Deutermann and others, as executors, etc., of Charles Deutermanu, deceased, from an order of the Supreme Court, inade at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 8th day of March, 1898, as resettled by an order - entered in said clerk’s office on the 28th day of March, 1898, correcting a finding of fact.
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Appeal hy the plaintiffs, Charles Deutermann and others, as executors, etc., of Charles Deutermanu, deceased, from an order of the Supreme Court, inade at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 8th day of March, 1898, as resettled by an order - entered in said clerk’s office on the 28th day of March, 1898, correcting a finding of fact. Justice Dyicman, before whom the cause was tried, had been assigned by the Governor to perform the duties of justice of the Supreme Court for a term ending December 31, 1897. The findings and…
1Opinion of the Court
Hatch, J.:
By the 14th general finding of fact the court found that the deed mentioned in the finding, which was corrected, did not convey the bed of the pond and was not a conveyance of the bed of the St. Mary’s lake, and that the lands therein described could not be located or identified as the premises of the plaintiffs or as the bed of such lake or mill pond. In the request the court found that such deed referred to the mill pond mentioned therein, which was the present pond, as mentioned in the complaint. The two findings, it it quite evident, are inconsistent with each other, and when…
2Cases cited2 opinions
- Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Heath v. New York Building Loan Banking Co.New York Supreme Court · 1895
3Cited by1 opinion
- Starbuck v. StarbuckAppellate Division of the Supreme Court of the State of New York · 1901