Von Horne v. Crain
New York Court of Chancery
This was a contest relative to a mill site and mill privileges in the town of Danube. The mills are situated on lot No. 17, and the water which supplies them comes from a spring on lot No. 18 in McNeil’s patent. On the 4th of October, 1803, the title to lot No. 18 was in Jacob Conklin.
Read the full summary
This was a contest relative to a mill site and mill privileges in the town of Danube. The mills are situated on lot No. 17, and the water which supplies them comes from a spring on lot No. 18 in McNeil’s patent. On the 4th of October, 1803, the title to lot No. 18 was in Jacob Conklin. Two-sixths of lot No. 17 belonged to James A. Stewart, one-sixth to Alexander Stewart, one-sixth to William R. Stewart, one-sixth to W. Benson, and the remaining one-sixth to Maria, now the wife of J. P. Decatur, subject to the life estate of her father, Thomas Ten Eyck, as tenant by the curtesy. On the day…
1Opinion of the Court
The Ohahcellor :—The lease to Williamsons, and the agreement indorsed thereon, being' executed at the same time, and in relation to the same subject matter, may be construed together and taken as one instrument.[1] Jackson v. *Dunsbagh, 1 John. Ca. 91.) Such was undoubtedly the intention of the parties, and this court ought to carry that intention into effect. The execution of the lease and agreement probably was defective. By some inadvertence I have not been furnished with the original instrument, or copies thereof. But I understand from the pleadings, that the lease, in its commencement,…
2Cases cited1 opinion
- Jackson ex dem. Stevens v. StevensNew York Supreme Court · 1816
3Cited by15 opinions
- Mott v. . RichtmyerNew York Court of Appeals · 1874
- Baird v. . Erie R.R. Co.New York Court of Appeals · 1914
- Hagar v. BuckSupreme Court of Vermont · 1872
- Laffan v. NagleeCalifornia Supreme Court · 1858
- Peters v. StoneMassachusetts Supreme Judicial Court · 1906
10 more not listed; retrieve them via the Exa API.