Legal Opinion

Sherman v. . McKeon

New York Court of Appeals

Decided June 5, 1868PublishedCited by 32 opinions

This was an action of ejectment, commenced in 1855, in the Superior Court of the city of New York, and tried in June, 1858, before Mr. Justice Pierrepont and a jury.

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This was an action of ejectment, commenced in 1855, in the Superior Court of the city of New York, and tried in June, 1858, before Mr. Justice Pierrepont and a jury. It was brought against the Defendant, as a lessee of George Harrison, to recover possession of a quadrangular lot of land on the south-east corner of Bleecker and Grove streets, in this city, being about seventeen feet one inch in front, running back seventy-four feet ten and a half inches on both sides, and being about thirteen feet seven and three-fourths inches on the rear. The premises were originally in 1810, and prior to…

1Opinion of the CourtMiller, J.

The claim of the Plaintiff, that Charles Oakley, from whom his title is derived, acquired title by virtue of the deed executed by the Manhattan Company to him, appears to be well founded. The west and north boundaries of the lots are on two streets, and, according to well-settled principles, this includes, at least for certain purposes, to the middle of the street, unless there is evidence on the part of the grantor to exclude the street from the grant. (Hammond v. McLauchlan, 1 Sandf. 323; Jones v. Cowman, 2 id. 234; Adams v. Saratoga & Wash. R. R. Co., 11 Barb. 414.) Such intention is not…

2Cases cited3 opinions

  1. Embury v. . ConnerNew York Court of Appeals · 1850
  2. In re JohnNew York Supreme Court · 1839
  3. Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851

3Cited by32 opinions

  1. Williamson v. JonesWest Virginia Supreme Court · 1894
  2. Brady v. . NallyNew York Court of Appeals · 1896
  3. Chicago Great Western Railroad v. KemperSupreme Court of Missouri · 1914
  4. Test v. LarshIndiana Supreme Court · 1881
  5. Kohl Industrial Park Co. (A Partnership) v. The County of RocklandCourt of Appeals for the Second Circuit · 1983

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