Alleman v. Dey
New York Supreme Court
APPEAL from a judgment of the county court of" Seneca county. One Eichard Dey, for many years prior to October 1,1845, owned a farm in the town of Fayette, Seneca county, upon which was a “ cemetery ” entirely surrounded by his land. In this “ cemetery” his relatives, friends and neighbors had been accustomed to bury their dead for over forty years before this suit was commenced.
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APPEAL from a judgment of the county court of" Seneca county. One Eichard Dey, for many years prior to October 1,1845, owned a farm in the town of Fayette, Seneca county, upon which was a “ cemetery ” entirely surrounded by his land. In this “ cemetery” his relatives, friends and neighbors had been accustomed to bury their dead for over forty years before this suit was commenced. On the 1st day of October, 1845, the said Eichard Dey, conveyed said farm to James E. Dey and Jacob 0. Dey, in trust for certain purposes. On the 15th day of April, 1856, James E. Dey, one of the joint trustees,…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
All the title which the .plaintiff had in the farm in his possession at the time of *644the alleged trespass complained of in this action, he derived from, and acquired under, the deed from James E. Dey and wife, dated April 15,1856. In that deed, the cemetery situate on said farm is expressly excepted to the extent of one half acre of land, with the right of ingress and egress to and from the same. The grantor in the deed clearly reserved title in himself, and his cotrustee, in this one half acre of land used for a cemetery, with the right of way to and from it.…
2Cases cited2 opinions
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