In re the City of New York
Appellate Division of the Supreme Court of the State of New York
Reargxjment of an appeal by Wood Harmon Warranty Corporation, a petitioner, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 20th day of March, 1917, confirming the report of a referee and denying the motion of the appellant for the payment of awards to unknown owners of damage parcels 437 and 438 in the above-entitled proceedings (99 Mise.
Read the full summary
Reargxjment of an appeal by Wood Harmon Warranty Corporation, a petitioner, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 20th day of March, 1917, confirming the report of a referee and denying the motion of the appellant for the payment of awards to unknown owners of damage parcels 437 and 438 in the above-entitled proceedings (99 Mise. Rep. 24). After handing down an affirmance of such order, a reargument was ordered February 9, 1918 (181 App. Div. 950; 182 id. 928).
1Opinion of the Court
Putnam, J.:
In conveyances, defined bounds and courses should control, and generally not be enlarged or diminished because the" description may conclude with a reference to prior deeds. Where the prior deed referred to is a conveyance wholly distinct and independent, such reference is taken to point out the chain of title, and not to cut down or extend the area which the later deed had precisely described. However, when a deed goes with a purchase-money mortgage, the two instruments in effect make up one transaction. (De Garmo v. Phelps, 176 N. Y. 455.) There is a necessary intent to mortgage…
2Cases cited4 opinions
- Matter of City of New YorkNew York Court of Appeals · 1909
- De Garmo v. . PhelpsNew York Court of Appeals · 1903
- McDuffie v. ClarkNew York Supreme Court · 1890
- Pitney v. HuestedAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1930