Leonard v. . Clough
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the 'fifth judicial department, entered upon an order made June 9, 1891, which overruled plaintiffs exceptions and directed judgment for defendants on the verdict. This action was of trespass to recover damages to plaintiffs premises arising from the removal of a barn a portion of which stood thereon. ^ The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the 'fifth judicial department, entered upon an order made June 9, 1891, which overruled plaintiffs exceptions and directed judgment for defendants on the verdict. This action was of trespass to recover damages to plaintiffs premises arising from the removal of a barn a portion of which stood thereon. ^ The facts, so far as material, are stated in the opinion. The barn was built by the person, who at the time of building it, owned the lot on which the whole of it stood; on its erection under such circumstances, it became and…
1Opinion of the Court
Earl, Ch. J.
The material facts in this case are as follows: Prior to March 29, 1884, Adaline Clough owned a lot of land in the city of Auburn, upon which there was a small barn, and on that day she conveyed the lot by an ordinary warranty deed to the defendant Bobie Clough, who owned the adjoining lot on the notherly side of the lot thus conveyed. On the 1st day of April, 1884, Bobie Clough, by an ordinary warranty deed, conveyed the same lot to her daughter Mary Gilbert, with the exception of a strip six feet by twelve rods reserved from the northerly side of the lot. ■ About one-third of…
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