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54 A.D. 495

Pope v. Levy

Appellate Division of the Supreme Court of the State of New York · decided 1900-07-01

Appeal by the defendant, Louis Napoleon Levy, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of New York on the 3d day of March, 1900, upon the decision of the court rendered after a trial at the New York Special Term. The action was brought to compel the defendant to perform a contract, whereby he agreed to purchase from the plaintiffs a certain piece of real estate in the city of New York.

Cited by 1 later decisions — most recently December 2005

Good law ✅— No negative treatment on recordhow we know

Decided 1900-07-01

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Rumsey, J.:

¶1The only objection made to this judgment is that the description in the deeds to the plaintiffs testator and by the plaintiffs to the defendant are so indefinite that the lands cannot be located, and, therefore, the deeds are void for indefiniteness, and no title passed. It is undoubtedly true that the first requisite of an adequate description is that the land shall be identified with reasonable certainty ; but if the description is sufficient to enable the lands to be located by an actual survey, the deed will be upheld, however indefinite it may seem to be. It appeared that the description in each deed began at a given point which could be easily identified by reference to the map referred to in the deed. The first course was given in each deed, and the precise distance for which that, and every other course was to run was also stated, and the descriptions required that running these distances the last one should terminate.at the place of beginning. The surveyor called by the defendant testified that by taking the map there would be no difficulty in locating the land as described in the deeds, and that was not disputed. The objection, therefore, is not well taken, and the judgment should be affirmed, with costs. .

¶2Van Brunt, P. J., Patterson, O’Brien and McLaughlin, JJ., concurred.

¶3Judgment affirmed, with costs.

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