Baron v. . Korn
New York Court of Appeals
Appeal from order of'the General Term of the Supreme-Court in the first judicial department, made January 28,1889,. which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtParker, J.
This is a suit in equity brought to restrain the defendant from erecting a portion of a building on lands to which plaintiffs asserted title; to compel the removal of so much of the foundation wall, as had been constructed at the time of the commencement of the action; to cause the land to be restored to its former condition; and for damages occasioned by the action of the defendant.
The defendant challenged plaintiffs’ assertion of title, and alleged title in himself.
The locus in quo is a narrow strip of land nine inches in front on Bleeclcer street, by seventy-five feet deep, and constituted…
2Cases cited6 opinions
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Cox v. . JamesNew York Court of Appeals · 1871
- Creely v. Bay State Brick Co.Massachusetts Supreme Judicial Court · 1870
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3Cited by33 opinions
- Bloomquist v. . FarsonNew York Court of Appeals · 1918
- Farrell v. Forest Investment Co.Supreme Court of Florida · 1917
- Ephraim Creek C. & C. Co. v. BraggWest Virginia Supreme Court · 1914
- Hirschberg v. FlusserNew Jersey Court of Chancery · 1917
- Goldbacher v. EggersNew York Supreme Court · 1902
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