Higinbotham v. . Stoddard
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiffs, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. (Reported below, 9 Hun, 1.) This was an action of ejectment to recover a narrow strip of land on the northerly side of a mill-race in the village of Oneida. Both parties claimed title under the same grantor.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiffs, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. (Reported below, 9 Hun, 1.) This was an action of ejectment to recover a narrow strip of land on the northerly side of a mill-race in the village of Oneida. Both parties claimed title under the same grantor. Defendant’s deed, which was the prior one, conveyed to him “ all that certain building lot or piece of land situate in the village of Oneida, on the southerly side of…
1Opinion of the CourtMiller, J.
We are of the opinion that the judge, upon the' trial, was correct in the construction which he gave to the description contained in the deed to the defendant; and that, in this view of the case, he committed no error in his refusal to submit to the jury the questions of fact propounded by the defendant’s counsel, and in directing a verdict in favor of the plaintiffs. There is an apparent inconsistency in the language employed to designate the boundaries of the lot conveyed; but, talcing into consideration the entire description, we think that the conclusion is warranted that the lot…
2Cases cited4 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
- B., N.Y. E.R.R. Co. v. . StigelerNew York Court of Appeals · 1874
3Cited by38 opinions
- Security Land & Exploration Co. v. BurnsSupreme Court of the United States · 1904
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Thompson v. HillSupreme Court of Georgia · 1912
- People Ex Rel. Burnham v. . JonesNew York Court of Appeals · 1889
- Park v. WilkinsonUtah Supreme Court · 1900
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