Tuscarora Club of Millbrook v. Brown
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 15, 1913, affirming a 'judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was brought to secure an injunction restraining the defendant from trespassing upon the plaintiff’s lands.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 15, 1913, affirming a 'judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was brought to secure an injunction restraining the defendant from trespassing upon the plaintiff’s lands. The plaintiff is a corporation organized for the enforcement of the Game Law, the propagation of game and fish, and the purchasing and holding of lands and waters for the purpose of hunting and fishing. In April, 1901, the…
1Opinion of the Court
. Cuddeback, J.
Whether the provision in the deed from Sarah A. Brown to Margaret A. Carroll, reserving the right to the defendant William H. Brown to fish in the Mill brook stream be regarded as a reservation or as an exception makes no difference so far as this case is concerned. (West Point Iron Co. v. Reymert, 45 N. Y. 703; Beardslee v. New Berlin L. & P. Co., 207 N. Y. 34.) For whichever way viewed the clause in the deed was entirely ineffectual to convey any estate or interest whatsoever in the lands described to a stranger to the conveyance. . (Bridger v. Pierson, 45 N. Y. 601; Craig v.…
2Cases cited11 opinions
- Craig v. . WellsNew York Court of Appeals · 1854
- Carr v. . CarrNew York Court of Appeals · 1873
- Bridger v. . PiersonNew York Court of Appeals · 1871
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
- Acer v. . WestcottNew York Court of Appeals · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Thomson v. WadeNew York Court of Appeals · 1987
- Vogeler v. Alwyn Improvement Corp.New York Court of Appeals · 1928
- Jakobson v. Chestnut Hill Properties, Inc.New York Supreme Court · 1981
- Nature Conservancy v. CongelAppellate Division of the Supreme Court of the State of New York · 1999
- Lechtenstein v. P.E.F. Enterprises, Ltd.Appellate Division of the Supreme Court of the State of New York · 1993
12 more not listed; retrieve them via the Exa API.