Kingsland v. . Tucker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of January, 1887, which reversed a judgment in favor of the defendants, entered upon the report of a referee, and granted a new trial. This action was brought to recover one-half the Value of a party-wall.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of January, 1887, which reversed a judgment in favor of the defendants, entered upon the report of a referee, and granted a new trial. This action was brought to recover one-half the Value of a party-wall. In 1867 George W. Tucker, defendant’s testator, wlio owned a lot known as Ho. 12 White street, in the city of Hew York, entered into an agreement with Ambrose 0. Kingsland, deceased, and with the plaintiffs herein, who were jointly the owners of the lot…
1Opinion of the CourtPeckham, J.
The referee found that when the defendants erected their building the party-wall in question was examined by the builder employed by them, and was found to be out of plumb several inches in some places and to have settled considerably, and not to be in a proper or fit condition for use in the erection of defendants’ building, and that it was not in a fit or proper condition to use as an easterly wall to the defendants’ building, which they erected at that time. The referee also found that the defendants did not anchor or tie into the party-wall, but that they erected an independent wall…
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