Voss v. Martin Coal Company

New York Court of Appeals

Voss v. Martin Coal Company

154 N.E. 598, 243 N.Y. 545, 1926 N.Y. LEXIS 811

CourtNew York Court of Appeals

DecidedJune 8, 1926

StatusPublished

Cited by4 cases

This text of 154 N.E. 598 (Voss v. Martin Coal Company) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Voss v. Martin Coal Company, 154 N.E. 598, 243 N.Y. 545, 1926 N.Y. LEXIS 811 (N.Y. 1926).

Pincite

Opinion

*546 Per Curiam.

The form of the judgment is too broad in that the complaint is not merely dismissed upon the merits, but the defendant is adjudged to be the owner of the property in fee simple and the plaintiff is declared to be barred from any interest therein.

Conceivably the plaintiff has other claims of title not presented in this record either by the pleadings or by the proofs. Whether he will be at liberty to enforce them hereafter is a question not to be determined in advance of their assertion.

In each case the judgment should be modified by striking therefrom the adjudication that the defendant is the owner of the property in fee simple and that the plaintiff is barred from any interest therein, and as so modified affirmed, with costs to the respondent.

Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur.

Judgment accordingly.

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