Barrow v. Richard
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit, overruling the demurrer of the defendants to the complainant’s bill. In 1825, T. R. Mercein was the owner of a block of ground in the city of New-York, between McDougal street and the Sixth avenue, on the south side of Waverley Place ; which he divided into thirty-nine building lots, and made a map of such division, and filed it in the office of the register of deeds.
Read the full summary
This was an appeal from a decision of the vice chancellor of the first circuit, overruling the demurrer of the defendants to the complainant’s bill. In 1825, T. R. Mercein was the owner of a block of ground in the city of New-York, between McDougal street and the Sixth avenue, on the south side of Waverley Place ; which he divided into thirty-nine building lots, and made a map of such division, and filed it in the office of the register of deeds. On the 22d of March, 1825, Mercein sold and conveyed five of the lots to four different persons in severalty. In each of the conveyances a condition…
1Opinion of the Court
The following opinion was delivered by the vice chancellor upon overruling the demurrer :
McCoun, V. C.
The great question is, upon the effects of the covenants in the deeds against offensive trades and business, and how far the complainant can avail himself of them. This is an important question, not only as respects this particular property, but in regard to other parts of the city, where a large amount of real estate is held under deeds and leases containing similar covenants or conditions. The clauses inserted in a few of the deeds executed by Mr. Mercein for the lots which he first sold,…
2Cases cited6 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Hills v. MillerNew York Court of Chancery · 1831
- Jackson ex dem. Ludlow v. MyersNew York Supreme Court · 1808
- United States v. Gurney and OthersSupreme Court of the United States · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Korn v. . CampbellNew York Court of Appeals · 1908
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Gibert v. . PetelerNew York Court of Appeals · 1868
52 more not listed; retrieve them via the Exa API.