Morss v. Elmendorf
New York Court of Chancery
Tjais was an appeal from a decree of the late assistant vice chancellor of the first circuit. The bill was filed for the specific performance of a contract under the following circumstances: The defendant, Lucus Elmendorf, and Dutcher & Hogeboom,-aIl supposing that there was a gore of land, containing about 183 acres, between lot No. 11 of the subdivisions of great lot No. 49, in the Hardenburgh patent, and the south line of great lot No. 50, in the same patent, and that…
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Tjais was an appeal from a decree of the late assistant vice chancellor of the first circuit. The bill was filed for the specific performance of a contract under the following circumstances: The defendant, Lucus Elmendorf, and Dutcher & Hogeboom,-aIl supposing that there was a gore of land, containing about 183 acres, between lot No. 11 of the subdivisions of great lot No. 49, in the Hardenburgh patent, and the south line of great lot No. 50, in the same patent, and that Elmendorf was the owner thereof, an agreement was entered into between them, in the following words: “ I do by these…
1Opinion of the Court
The Chancellor.
There is no principle upon which this decree or any part thereof can be sustained. The question whether there was in fact any gore, between lot No. 20 of the subdivisions of great lot No. 49 and the line of great lot No. 50, was distinctly put in issue by the defendant’s answer, and by the replication filed to the same; so that each party had a full opportunity to taire testimony to thqt point. And the evidence of Keirstead, the surveyor, and the map of the location of the *286lots, produced by him, show conclusively that no such gore ever existed except in the imaginations of the…
2Cited by48 opinions
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Kennedy v. HazeltonSupreme Court of the United States · 1888
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
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