Zipp v. Barker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants,, Frances E. Barker and another, as-surviving executors of and trustees under the last will and testament of Charles Barker, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of January, 1899,. upon the decision, of the court rendered after a trial at the Kings ' County Special Term restraining the defendants from erecjting or ' maintaining…
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Appeal by the defendants,, Frances E. Barker and another, as-surviving executors of and trustees under the last will and testament of Charles Barker, deceased, and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of January, 1899,. upon the decision, of the court rendered after a trial at the Kings ' County Special Term restraining the defendants from erecjting or ' maintaining any structure of any kind upon any part of the court yard described in the judgment. I ’
1Opinion of the Court
Goodrich, P. J.:
The plaintiff brings tins action to restrain the defendants from erecting and maintaining a structure on premises at the corner of Fulton street and Elm place in the borough of Brooklyn^ which premises she contends- are restricted to use only as a court yard or open space. • i
The heirs of Johannes Debevoise were owners of a lár¿e tract of land, between the southerly side of Fulton street and Livingston, street and beyond, extending from a line more than 100 feet westerly from Elm place a considerable distance easterly on jFultpni Street, taking in Elm place (formerly…
2Cases cited1 opinion
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
3Cited by24 opinions
- Batchelor v. . HinkleNew York Court of Appeals · 1914
- Alderson v. CuttingCalifornia Supreme Court · 1912
- Putnam v. ErnstMichigan Supreme Court · 1925
- Castleman v. AvignoneCourt of Appeals for the D.C. Circuit · 1926
- Deeves v. ConstableAppellate Division of the Supreme Court of the State of New York · 1903
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