Holmes v. Davis
New York Supreme Court
MOTION on behalf of the plaintiff for a new trial, on a bill of exceptions. The complaint stated that on the 28th day of December, 1846, in the lifetime of said Isaac T. Holmes, the intestate, the defendant demised and leased unto said Isaac T. Holmes, deceased, by a written lease under the hands and seals of the intestate and the defendant, certain premises in the town of Parma in the county of Monroe, being the grist and saw-mills and the premises thereunto belonging,…
Read the full summary
MOTION on behalf of the plaintiff for a new trial, on a bill of exceptions. The complaint stated that on the 28th day of December, 1846, in the lifetime of said Isaac T. Holmes, the intestate, the defendant demised and leased unto said Isaac T. Holmes, deceased, by a written lease under the hands and seals of the intestate and the defendant, certain premises in the town of Parma in the county of Monroe, being the grist and saw-mills and the premises thereunto belonging, houses and buildings thereunto attached, known and called the Bush mills, situate on Salmon creek, west of Parma Centre &c.,…
1Opinion of the Court
By the Court, Welles, J.
After much examination and reflection, I am inclined to think that the expression, “the general provisions of the revised statues relating to actions concerning real property,” in § 455 of the code, refers to all the provisions of a general character in chap. 5 of part 3d of those statutes, excepting where the code has otherwise provided. There may.be. I think there are, difficulties in the way of this construction; but none so great as those to be encountered in the attempt to restrict the application of the expression to title 7 of the same chapter of the revised…
2Cases cited4 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Livingston v. TannerNew York Supreme Court · 1852
- Lang v. RopkeThe Superior Court of New York City · 1853
3Cited by4 opinions
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Chautauqua County Bank v. . WhiteNew York Court of Appeals · 1861
- Mattice v. LordNew York Supreme Court · 1859
- Chautauqua County Bank v. WhiteNew York Court of Appeals · 1861