Griffiths v. . Morrison
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 May 8, 1885, which affirmed a judgment in favor of the plaintiff entered upon a verdict. (Reported below, 36 Hun, 337.) This was an action of ejectment. It appeared that James Wakely was formerly the owner of two lots of land in the city of Hew York, known as Hos. 141 and 143 West Forty-ninth street.
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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 May 8, 1885, which affirmed a judgment in favor of the plaintiff entered upon a verdict. (Reported below, 36 Hun, 337.) This was an action of ejectment. It appeared that James Wakely was formerly the owner of two lots of land in the city of Hew York, known as Hos. 141 and 143 West Forty-ninth street. These lots were each twenty-two feet front and rear, and one hundred feet four and one-lialf inches in depth. Mr. Wakely conveyed them to the plaintiff by deed, dated…
1Opinion of the CourtPeckham, J.
The deed from plaintiff to defendants’ grantor .conveyed the lot Ho. 143 by metes and bounds, as beingtwenty two feet wide on Forty-ninth street, and the same width in the rear, and 100 feet and four and one-half inches deep. This description confessedly does not embrace the five feet of land in question which are within the area of lot Ho. 141 on the east. The defendant, however, claims to have the right, in the nature of an easement, to retain the possession of this strip, although not embraced in the above description, because the house on the rear of his lot was built and extended over…
2Cases cited2 opinions
- Ogden v. . JenningsNew York Court of Appeals · 1875
- Rogers v. . SinsheimerNew York Court of Appeals · 1873
3Cited by26 opinions
- Clements v. Sannuti Et Ux.Supreme Court of Pennsylvania · 1946
- Miller v. HoeschlerWisconsin Supreme Court · 1905
- Broadway Realty Co. v. Lawyers Title Insurance & Trust Co.New York Court of Appeals · 1919
- Smith v. LockwoodSupreme Court of Minnesota · 1907
- Wilson v. WightmanAppellate Division of the Supreme Court of the State of New York · 1898
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