Cary v. Thompson
New York Court of Common Pleas
Appeal by plaintiff from a judgment of non-suit, entered at Special Term, by Judge Beads'. The plaintiff, in his complaint, alleged the leasing to him by the defendant for a term of three years, two houses in Seventh Avenue, blew York City, with the yards, premises and appurtenances, and that the defendant (the lessor) in the month of June, 1857, while plaintiff’was in possession, “wrongfully, unlawfully, and without the consent of the plaintiff, and against his wish,…
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Appeal by plaintiff from a judgment of non-suit, entered at Special Term, by Judge Beads'. The plaintiff, in his complaint, alleged the leasing to him by the defendant for a term of three years, two houses in Seventh Avenue, blew York City, with the yards, premises and appurtenances, and that the defendant (the lessor) in the month of June, 1857, while plaintiff’was in possession, “wrongfully, unlawfully, and without the consent of the plaintiff, and against his wish, entered upon a part of said premises and wrongfully and unlawfully took and converted about twenty feet deep from the rear…
1Opinion of the Court
By the Court.
Daly, F. J.
I think the evidence ex- ' bided was competent. The lease was of the two hovsrr known as Nos. 162 and 164 Seventh avenue. It is said in Bacon's *38Abridgment (Title Grant, 1, 3), that the grant of a house passes the curtilage, and a curtilage is a court yard, hack side, or piece of ground laying near, belonging to a dwelling-house (Tomlim's Law Dictionary), and in Carden v. Tuck (Cro. Eliz. 89), it was held that in the devise of a messuage, the garden and curtilage passed. The question in the present case was whether the hack yard or rear part of the lot passed with the…
2Cited by5 opinions
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- Levy v. BurgessThe Superior Court of New York City · 1875