Giles v. Dugro
The Superior Court of New York City
Appeal from a judgment at special term. The following are the material facts in the case:— The defendant owned an indenture of lease, dated February 1st, 1851, for the term of twenty-one years. On the 31st of May, 1851, by deed, he sold and assigned it to the plaintiff for the sum of $4,000, subject to a mortgage executed by the defendant to secure the sum of $2,000; and subject also to the rents, covenants, conditions, and provisions contained in the assigned lease.
Read the full summary
Appeal from a judgment at special term. The following are the material facts in the case:— The defendant owned an indenture of lease, dated February 1st, 1851, for the term of twenty-one years. On the 31st of May, 1851, by deed, he sold and assigned it to the plaintiff for the sum of $4,000, subject to a mortgage executed by the defendant to secure the sum of $2,000; and subject also to the rents, covenants, conditions, and provisions contained in the assigned lease. The defendant covenanted that “ the assigned premises now are free and clear of and from all former and other gifts, grants,…
1Opinion of the CourtBy the Court. Bosworth, J.
The defendant’s counsel insisted that the sale to Sloan of a privilege to use one of the walls in question as a party wall for. twenty years conveyed no. interest in the realty, and therefore was no breach of defendant’s covenant to the plaintiff. That it was a mere license, and passed no estate in the leasehold premises.
The terms of the covenant (among others) are, that “the assigned premises now are free and clear of and from all former and other grants, bargains, and encumbrances whatsoever.”
By the deed to Sloan, the defendant did “ bargain, sell, and assign” to him the privilege to use…
2Cases cited1 opinion
- Dimmick v. LockwoodNew York Supreme Court · 1833
3Cited by13 opinions
- Hynes v. PackardTexas Supreme Court · 1898
- Hymes v. . EstyNew York Court of Appeals · 1892
- Roche v. UllmanIllinois Supreme Court · 1882
- Phillips v. ReichertIndiana Supreme Court · 1861
- Ensign v. ColtSupreme Court of Connecticut · 1902
8 more not listed; retrieve them via the Exa API.