Sebald v. Mulholland
The Superior Court of the City of New York and Buffalo
Action by Barbara Sebald against James Mulholland to enforce payment of a sum agreed to be paid for a party wall, and to have the same declared a lien on the premises of defendant, and to compel the removal of a projecting wall.
1Opinion of the CourtMcADAM, J.
On November 17, 1871, Robert Auld owned the unimproved lot known as “No. 417 West Forty-Sixth Street,” in this city, and Philip C. Agnew owned the unimproved lot adjoining, known as “No. 415.” Auld contemplated building on his lot, and following the plan of the house No. 413, which had already been erected, two feet back from the building or street line, and subsequently did so. Auld entered into a written agreement with Agnew, November 17, 1871, which was recorded December 8, 1871. The agreement, after reciting the ownership by Auld of. No. 417, and by Agnew of No. 415, and that Auld was…
2Cases cited23 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Cole v. . HughesNew York Court of Appeals · 1873
- Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
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