Klock v. Buell
New York Supreme Court
APPEAL from, a judgment rendered upon the report of a referee. The facts found and reported by the referee are as follows : In the month of January, 1865, one James Erazee purchased and received a deed, in his own name, for seven or eight hundred acres of land lying in Hickory township, Venango county, Pennsylvania, which purchase was made of one Moses Walters.
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APPEAL from, a judgment rendered upon the report of a referee. The facts found and reported by the referee are as follows : In the month of January, 1865, one James Erazee purchased and received a deed, in his own name, for seven or eight hundred acres of land lying in Hickory township, Venango county, Pennsylvania, which purchase was made of one Moses Walters. At the time of the purchase, or shortly prior thereto, Erazee, with the parties to this action and several others, had entered into an arrangement to make the purchase, and for that purpose forty-five shares, at $1000 per share, were…
1Opinion of the Court
By the Oourt,
Foster, J.
Exceptions were taken to two of the findings of fact; but no question has been raised upon them here, and they are supported by the evidence.
The principal question arises upon the légal construction of the transfer from the defendant to the plaintiffs. It was an assignment of all the right, title and interest of Buell in. “the within named land,” to Klock & Quid. Construed by itself alone, and without reference to the surrounding circumstances, and independent of the receipt which Buell had received from Frazee, it was meaningless, or so uncertain as to be worthless,…
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