Burke v. Nichols
New York Court of Appeals
■Action to foreclose a mortgage. The defendant set up a counter claim, to which the plaintiff replied, and the cause was tried by a referee.
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■Action to foreclose a mortgage. The defendant set up a counter claim, to which the plaintiff replied, and the cause was tried by a referee. On the trial it appeared that on the 2d of March, 1859, the plaintiff conveyed by deed to the defendant, a lot of land on Fifty-second street, in the city of New York, known on a map of the estate of Charles McEvers, deceased, filed in the register’s office of said city, as lot number twenty-five, and being the same premises covered by the mortgage set out in the complaint. The deed expressed the consideration of $3,300, and contained the usual full…
1Opinion of the CourtSmith, J.
It is a familiar rule, that a grant of land, eo nomine, conveys, not only the ground or soil, but every corporeal thing which is attached to the earth, whether by the course of nature, as trees, herbage and water, or by the hand of man, as houses and other structures. (Co. Litt., 4 a; 3 Kent., 486.) The defendant is, therefore, correct in claiming that, under his deed from the plaintiff, his rights in respect to the dwelling-house and fence on the lot thereby conveyed, are the same as if such structures had been specifically mentioned in the grant. If the grantor had title to them, it passed…
2Cases cited2 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Lawrence v. DelanoThe Superior Court of New York City · 1849
3Cited by3 opinions
- Adams v. . ConoverNew York Court of Appeals · 1882
- Green v. CollinsNew York Supreme Court · 1880
- Scriver v. SmithNew York Supreme Court · 1883