Merritt v. Northern Railroad
New York Supreme Court
This was an action to foreclose a mortgage given by Magill to the plaintiffs on the 21st day of February, 1849, upon a village lot in Malone, Franklin county, to secure the payment of a bond given therewith for the sum of $1500, payable in cotton shirtings or cash six months after date.
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This was an action to foreclose a mortgage given by Magill to the plaintiffs on the 21st day of February, 1849, upon a village lot in Malone, Franklin county, to secure the payment of a bond given therewith for the sum of $1500, payable in cotton shirtings or cash six months after date. The plaintiff, at the time of executing the mortgage, held two notes against Magill1 and others, then amounting to $890, and the balance of the debt, $610, was for cotton sold and delivered to Magill at that time. The mortgage was given to secure these sums, and was recorded on the 7th of March, 1849. On the…
1Opinion of the CourtHand, J.
An objection is made, that the deed or instrument given by Magill to the defendants, the Northern Railroad Company conveys no land, or that the description is so vague that it is void for uncertainty. No doubt where a particular parcel is intended to be conveyed, it must be described so as to be capable of location. (4 Cruise, 38, 43. Rollin v. Pickett, 2 Hill, 552.) But it has been held, that articles to have a way at so much per annum, was a grant and not a covenant for enjoyment. (Holmes v. Sellers, 3 Lev. 305. And see Jackson v. Livingston, 7 Wend. 141. Corbin v. Jackson, 14 Id. 619. Fish…
2Cases cited8 opinions
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- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
- Fort v. BurchNew York Supreme Court · 1849
- Swayze and Wife v. BurkeSupreme Court of the United States · 1838
- Jackson, ex rel. Garnsey v. LivingstonNew York Supreme Court · 1831
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- Platt v. BrightNew Jersey Court of Chancery · 1879
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