
    COURT OF APPEALS.
    
      Decisions—November Term, 1847
    
    
      —at the City Hall in the city of New York
    
    Abel French, Jr. plaintiff in error, v. Robert D. Carhart, defendant in error.
    
      —Judgment reversed, venire de novo, by the Supreme Court; costs to abide the event.
    
    John Van Burén, for plaintiff in error.
    M. T. Reynolds, for defendant in error.
   This was a case in which involved the construction of a deed,, containing a clause by which it was made subject to a reservation in a former conveyance of the same premises between other parties. The action was for overflowing land, situated upon a creek called the Mormanskill, in Guilderland, Albany county, by means of a dam, &c. (Reported 1 Comstock, 96.)  