Craig v. . Wells
New York Court of Appeals
Moses Phillips, the grandfather of the plaintiffs, Harriet and Adeline, was the owner of a tract of land, in the town of Walkill, county of Orange, lying upon a stream called the Walkill.
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Moses Phillips, the grandfather of the plaintiffs, Harriet and Adeline, was the owner of a tract of land, in the town of Walkill, county of Orange, lying upon a stream called the Walkill. Upon these premises were situated, on the east bank of the stream, a grist mill and oil mill; and opposite, upon the west bank, an establishment for the fulling, dyeing and dressing of cloth; all belonging to Moses Phillips, and all supplied with water, by means of a common dam erected across the stream above. -In October,.1805, Moses Phillips made a distribution of his property among his children; among…
1Opinion of the CourtSelden, J.
It is insisted, on the part of the plaintiffs, that the deeds from Moses Phillips to his two sons, Gabriel N. and William, and the mutual bonds of the latter, having all been executed at the same time, and designed to carry out a specific object, should all be construed together, as parts of a single transaction. But the rule, by virtue of which separate written instruments, bearing the same date and relating to the same subject matter, are sometimes united, and construed as a single instru ment, has never been, and cannot with propriety be, extended to such a case. It is not sufficient that…
2Cases cited4 opinions
- Jackson, ex dem. Reeves v. ToppingNew York Supreme Court · 1828
- Hornbeck v. WestbrookNew York Supreme Court · 1812
- Starr v. ChildCourt for the Trial of Impeachments and Correction of Errors · 1846
- Cornell v. ToddNew York Supreme Court · 1846
3Cited by65 opinions
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Blackman v. . StrikerNew York Court of Appeals · 1894
- Graves v. . DeterlingNew York Court of Appeals · 1890
- Farnham v. ThompsonSupreme Court of Minnesota · 1885
- Lyon v. . HerseyNew York Court of Appeals · 1886
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