Legal Opinion
Walker v. McNulty
New York Supreme Court
Decided January 15, 1897PublishedCited by 4 opinions
Action to enforce a restrictive covenant in a deed. ■
1Opinion of the CourtPryor, J.
In resistance, to 'the enforcement of a restrictive covenant in a conveyance, the defendant objects a defect of proof • that the restriction' was. intended for the benefit of plaintiffs’premises. Were such evidence requisite to the support of the action,. I should deem it sufficiently furnished in the situation of the land retained in reference to the land conveyed; in the restrictions contained in other conveyances, and generally in the attending circumstances of the ’ transaction. Ladd v. City of Boston, note, 21 Am. St. Rep. 489-491, 499; Peck v. Conway, 119 Mass. 546. But the proof…
2Cases cited3 opinions
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Equitable Life Assurance Society v. BrennanNew York Court of Appeals · 1896
3Cited by4 opinions
- Smith v. GrahamAppellate Division of the Supreme Court of the State of New York · 1914
- McRae v. Lois Grunow Memorial ClinicArizona Supreme Court · 1932
- Reed v. SobelAppellate Division of the Supreme Court of the State of New York · 1917
- Moore v. HendersonNew York Supreme Court · 1917