Skinner v. Allison
Appellate Division of the Supreme Court of the State of New York
.Appeal by.the plaintiff, Elizabeth Skinner, from a judgment of the Supreme Court in favor of the defendant, Elsie J. Allison, entered in the office of the clerk of the county of Westchester on the 3d day of December,'1898, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Willard Bartlett, J.:
The' appellant and the respondent own adjoining lands. This suit is brought to enforce a restrictive covenant which forbids the erection by the respondent of any house within thirteen feet of the line *48which separates her premises from those of the appellant. The language of the agreement is as follows: “ The party of the second part further covenants not to erect any stable upon said premises, or any house within thirteen feet on the northerly line of the property hereby conveyed, but a porch may extend to a distance of three feet from said line.”
It was proved upon the…
2Cases cited3 opinions
- Ely v. ParsonsSupreme Court of Connecticut · 1886
- Herrick v. StoverNew York Supreme Court · 1830
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1893
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- Findley Lake Property Owners, Inc. v. Town of MinaNew York Supreme Court · 1956
- Fairview Hardware, Inc. v. StrausmanAppellate Division of the Supreme Court of the State of New York · 1959
- Shearing v. City of RochesterNew York Supreme Court · 1966
- Henry Hof, Inc. v. NollAppellate Division of the Supreme Court of the State of New York · 1948
- Kornder v. Kings County Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1901