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Cases Decided in the Inferior Courts of Record of the State of New York Volume 13

Cases Decided in the Inferior Courts of Record of the State of New York Volume 13


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ...of ejectment triable by a jury of the vicinage. Without going further these conclusions lead to a dismissal of the plaintiff's bill. But the importance of the issues presented suggests another proposition requiring notice. The defendants claim that the contract relates to coal in. place and concerns property in immovables, and that all questions touching such property and the forms of conveying it are governed by the lex situs. Westl. Priv. Int. L. 156; Whart. Conf. L. 273; Story Conf. L. 424. This presents the question of title under the agreement. Blackstone in his Commentaries (Cooley's Black. Com., bk. 2, p. 18) says: "Land hath also, in its legal signification, an indefinite extent, upwards as well as downwards. Cujus est solum, ejus est usque ad caelum is the maxim of the law; upwards, therefore, no man may erect any building, or the like, to overhang another's land; and downwards, whatever is in a direct line between the surface of any land and the center of the earth belongs to the owner of the surface, as is every day's experience in the miuing countries. So that the word 'land' includes not only the face of the earth, but everything under it or over it. And, therefore, if a man grants all his lands he grants thereby all his mines of metal and other fossils, his woods, his waters and his houses, as well as his fields and meadows." In mining districts parties may, and frequently do, sever the ownership of the surface from that of the underlying mines. MacSwinney on Mines (p. 27) says: "The right of property in the surface and in the underlying mines may be shown to be in different hands. Nothing is more common than to sell or demise a piece of land, excepting the mines, or to sell or demise a piece of land, except...


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Product Details
  • ISBN-13: 9781231403112
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 304
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 123140311X
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 544 gr


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