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Niagara v. Mitchell
205 A.D. 865
N.Y. App. Div.
1923
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Motion for reargument denied. Motion for leave to appeal to Court of Appeals denied. Order of affirmance entered November 29, 1922 [See 203 App. Div. 497], amended so as to strike out findings of fact Nos. V, XII, XIII and XV, also the following words in finding No. X: “ to be crossed by defendant’s livestock as if it were a farm crossing,” upon the ground that tb»y are not supported by evidence. The words “ which deed purported to convey ” in finding No. II are modified so as to read, “ which deed conveyed.” The words “so purporting to convey” in finding No. Ill are modified so as to read, “ so convoying.” The following additional finding is made by this court: That stock of the defendant from time to time entered upon the plaintiff’s said property from defendant’s adjoining property and grazed at will thereon.

Case Details

Case Name: Niagara v. Mitchell
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Jan 15, 1923
Citation: 205 A.D. 865
Court Abbreviation: N.Y. App. Div.
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