Legal Opinion

Wilson v. . Ford

New York Court of Appeals

Decided June 20, 1913PublishedCited by 55 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 19, 1911, affirming a judgment in favor of plaintiff entered upon the report of a referee.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 19, 1911, affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was brought to procure a determination that plaintiff’s testator, and the devisees of one Thomas T. Sturgess, their heirs and assigns, are alone entitled to the use of certain premises mentioned in the complaint, and that defendants be forever enjoined from using said premises for any purpose whatsoever, or failing, that defendants be forever enjoined and restrained from…

1Opinion of the CourtHogan, J.

The agreement of 1864 recited the ownership by Peter H. Morss of lot number one, by Thomas T. Sturgess of lots numbers two and four, by James 8. Sturgess of lot number three, the ownership in common by Peter H. Morss and Thomas T. Sturgess of lot number six, and the ownership by Peter H. Morss, Thomas T. Sturgess and James S. Sturgess as tenants in common of lot number five. The several lots mentioned were described in the agreement by metes and bounds, and the parties thereto did covenant and agree with each other, and for and on behalf of the heirs and assigns of each party, that the…

2Cases cited15 opinions

  1. McClure v. . LeaycraftNew York Court of Appeals · 1905
  2. Anderson v. . BloodNew York Court of Appeals · 1897
  3. Freeman v. . AuldNew York Court of Appeals · 1870
  4. Palmer v. . PalmerNew York Court of Appeals · 1896
  5. French v. . CarhartNew York Court of Appeals · 1847

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3Cited by55 opinions

  1. M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
  2. Lewis v. YoungNew York Court of Appeals · 1998
  3. Fleischman v. . FurguesonNew York Court of Appeals · 1918
  4. Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
  5. Benderson Development Co. v. Schwab Bros. Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1978

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