Legal Opinion

Adams v. Howell

New York Supreme Court

Decided December 15, 1907PublishedCited by 8 opinions

Action by Annié W. Adams against David Howell. Judgment for plaintiff.

1Opinion of the CourtWheeler, J.

The plaintiff seeks to restrain the violation by the defendant of certain building restrictions contained in a deed given by the Buffalo Cement Company to Thorne & Angelí in 1889, conveying a large tract of land bounded on the north by the south line of Amherst street. This conveyance contained the following-conditions and restrictions:

“The parties of the second part [Thorne & Angelí meaning], their heirs and assigns, further agree to lay out all the lands and premises conveyed by this deed and one from James Tillinghast, executed contemporaneously herewith, and included within the green…

2Cases cited5 opinions

  1. Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
  2. Kitching v. . BrownNew York Court of Appeals · 1905
  3. Zipp v. BarkerAppellate Division of the Supreme Court of the State of New York · 1899
  4. Ogontz Land & Improvement Co. v. JohnsonSupreme Court of Pennsylvania · 1895
  5. McDonald v. SpangNew York Supreme Court · 1907

3Cited by8 opinions

  1. Johnson v. RobertsonSupreme Court of Iowa · 1912
  2. Plaster v. StutzmanCourt of Appeals of Texas · 1928
  3. Building Inspector v. McInerneyWyoming Supreme Court · 1934
  4. Rhinehart v. LeitchSupreme Court of Connecticut · 1928
  5. Miller v. American Unitarian Ass'nWashington Supreme Court · 1918

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