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Catholic Foreign Mission Society of America, Inc. v. Oussani

142 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1913-05-29 English

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p. 1111
CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA, Inc., Respondent, v. OUSSANI, Appellant, et al.
(Supreme Court, Appellate Division, Second Department.
May 29, 1913.)

Headnote

Action by the Catholic Foreign Mission Society of America, Incorporated, against Joseph Oussani and J. Alva Jenkins,

Judgment modified, so as to proyi¿¡e for the execution and delivery to plaintiff of a proper deed, conveying to it in fee simpje the premises .described in said judgment, free from au incumbrances, except the rights of the public, or of any persons, to use that branch of the Longwood Road that now runs directly before defendant Oussani’s house to the Duck farm as a road or right of way, provided any such rights exist, and, as thus modified, affirm

p. 1112
ed, without costs. See, also, 153 App. Div. 913 , 138 N. Y. Supp. 1110 .

HIRSCHBERG, J., not voting.