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LOCH SHELDRAKE ASSOCS. v. EVANS

306 N.Y. 297 (1954)

Loch Sheldrake Associates, Inc., Appellant, v. Gussie Evans, Respondent.

Court of Appeals of the State of New York.

Decided February 25, 1954

Attorney(s) appearing for the Case

Lazarus I. Levine for appellant.

F. Walter Bliss, Morris M. Oppenheim and Robert H. Ecker for respondent.

DYE, FROESSEL and VAN VOORHIS, JJ., concur with DESMOND, J.; CONWAY, J., dissents in opinion in which LEWIS, Ch. J., and FULD, J., concur.

DESMOND, J.

Our question is as to the meaning and effect of a reservation of water rights appertaining to a natural lake or pond known as Loch Sheldrake, in Sullivan County. Into a deed, which was given in 1919 to Greenspan and others (predecessors of plaintiff) by persons named Divine, and which conveyed to plaintiff's predecessors the whole of Loch Sheldrake and all its shores, there was written this language...

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