Welles v. . Yates
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the sixth district, affirming a judgment of the Special Term in favor of the plaintiff. The action was brought for the reformation of a deed, exe cuted by the plaintiff, he claiming that a reservation of certain timber had been omitted, through mistake on his part; and also for an accounting by the defendant for timber taken from the premises conveyed.
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Appeal from an order of the General Term of the Supreme Court in the sixth district, affirming a judgment of the Special Term in favor of the plaintiff. The action was brought for the reformation of a deed, exe cuted by the plaintiff, he claiming that a reservation of certain timber had been omitted, through mistake on his part; and also for an accounting by the defendant for timber taken from the premises conveyed. An account was ordered to ascertain the value of the lumber taken since March 10th, 1851. The referee found the value at $2,041.72. Upon the coming in of the referees’s report,…
1Opinion of the Court
Hunt, C.
It will not be necessary to consider, in detail, the fifteen points, presented by the appellant, and so ably argued by his counsel. The discussion of a few of them will settle principles that may serve to decide the case.
The complaint, in substance, alleged that on the 28th of May, 1846, the plaintiff was the owner of 110 acres of land, being lot Ho. 4; that on that day he sold the same by executory contract, with the timber thereon, to T. & T. Trevor, for §17 per acre.
That on the 7th day of December, 1846, he was the owner of lot Ho. 5, containing 141 acres, and then entered into an…
2Cases cited8 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Barlow v. . ScottNew York Court of Appeals · 1861
- Rundle v. . AllisonNew York Court of Appeals · 1866
- Wiswall v. HallNew York Court of Chancery · 1831
- Coles v. BowneNew York Court of Chancery · 1844
3 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Chimart Associates v. PaulNew York Court of Appeals · 1986
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
54 more not listed; retrieve them via the Exa API.