The People, Ex Rel. v. . Storms
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made on May 2, 1882, which affirmed an order of Special Term reversing a judgment in summary proceedings. The proceedings were instituted under the statute (Chap. 208, Laws of 1874) to recover possession of forty-six acres of land to which defendant Storms claimed title under a mortgage foreclosure sale. The facts so far as material are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made on May 2, 1882, which affirmed an order of Special Term reversing a judgment in summary proceedings. The proceedings were instituted under the statute (Chap. 208, Laws of 1874) to recover possession of forty-six acres of land to which defendant Storms claimed title under a mortgage foreclosure sale. The facts so far as material are stated in the opinion. In construing the language of a deed, the court must assume that the parties to the deed stood upon the ground and had all the lands and…
1Opinion of the CourtDanforth, J.
The question argued on this appeal is whether a certain mortgage dated August 4, 1859, made by one Andrew Myers to Abel Storms, was incapable of taking effect and void by reason of vagueness and uncertainty in the description of the mortgaged premises. In answering it, we are to regard the rule that a deed should never be held void when the words may be applied to any intent to make it good, and to that end they are to be taken most strongly against the grantor, for he should not be allowed to say a description framed by himself was so indefinite that, upon an enforcement of the mortgage, no…
2Cases cited4 opinions
- Coleman v. Manhattan Beach Improvement Co.New York Court of Appeals · 1883
- Jackson ex dem. M'Naughton v. LoomisNew York Supreme Court · 1820
- Jackson ex dem. Smith v. MarshNew York Supreme Court · 1826
- Jackson, ex dem. Butler v. GardnerNew York Supreme Court · 1811
3Cited by9 opinions
- Mullen v. . WashburnNew York Court of Appeals · 1918
- Town of Brookhaven v. DinosAppellate Division of the Supreme Court of the State of New York · 1980
- American S. S. Co. v. Wickwire Spencer Steel Co.District Court, D. Massachusetts · 1930
- Lipton v. BruceNew York Court of Appeals · 1956
- Carpenter v. SicklesNew York Supreme Court · 1958
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