White v. . Miller
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 13, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 13, 1909, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The facts found by the referee clearly indicate that there was no intention on the part of the parties to the Wickham deed of 1814 that the grantor should retain the gypsum, and they wholly fail to sustain the referee’s conclusion tliat gypsum was covered by the exception. Tlie court is bound as a…
1Opinion of the CourtGray, J.
The action is in equity to restrain a continuing trespass and the issue between the parties is as to tlxe ownership of the minerals contained within a tract of nineteen acres of land, forming part of the plaintiff’s lands, in Onondaga county, in this state. The resnlt of the trial was a judgment in the plaintiff’s favor and against the defendant; awarding to the former a sum of money by way of damages for entering upon his lands and cutting down a number of trees thereon. An injunction was granted against the continuance of such acts and against removing limestone, or quarrying, mining, or…
2Cases cited3 opinions
- Champlain & St. Lawrence Rail Road v. ValentineNew York Supreme Court · 1853
- Armstrong v. Lake Champlain Granite Co.New York Court of Appeals · 1895
- Brady v. . SmithNew York Court of Appeals · 1905
3Cited by18 opinions
- Watt v. Western Nuclear, Inc.Supreme Court of the United States · 1983
- Heinatz v. AllenTexas Supreme Court · 1949
- Scott v. LawsCourt of Appeals of Kentucky · 1919
- Kinder v. LaSalle County Carbon Coal Co.Illinois Supreme Court · 1923
- Beury v. SheltonSupreme Court of Virginia · 1928
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