Butler v. Phelps
New York Supreme Court
Error from the supreme court. Phelps and three others brought an ac tion of ejectment against Sally Butler, the widow, and Lyman Butler, the son and heir at law of Ashbel Butler, to recover two thirds of certain ore beds.
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Error from the supreme court. Phelps and three others brought an ac tion of ejectment against Sally Butler, the widow, and Lyman Butler, the son and heir at law of Ashbel Butler, to recover two thirds of certain ore beds. The plaintiffs claimed to recover under a deed bearing date 15th April, 1796, made and executed between Ashbel Butler as party of the first part, and J. Phelps and A. Blanchard as parties of the second part: by which deed, Butler, in consideration that Phelps and Blanchard had labored and expended their time and property in discovering iron ore upon his land, granted,…
1Opinion of the Court
After advisement the following opinion was delivered:
By the Chancellor. The deed executed by Ashbel Butler, was founded upon a good and valuable consideration expressed upon its face, to wit: that the grantees, at the request and instance of the grantor, had labored and expended their time and property, in discovering ore upon the land of the grantor. There can not be any room for doubt, therefore, that this ivas a valid conveyance of an estate or interest in fee of the undivided two thirds of all the ore beds which were contained within the bounds of the lot described in the deed; together…
2Cited by9 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Dubois v. CampauMichigan Supreme Court · 1873
- Jackson ex dem. Nellis v. DyslingNew York Supreme Court · 1804
- People v. Van RensselaerNew York Supreme Court · 1850
- McCormick v. HerndonWisconsin Supreme Court · 1893
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