Farrand v. Marshall
New York Supreme Court
APPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint states that the plaintiff is the owner of a piece of land in the city of Hudson, purchased from the defendant, in June, 1846, bounded easterly, in front, "by Second street, northerly by Strawberry alley, and westerly by land owned by the defendant; that the lot is about 220 feet in width on Second street, and extends westerly 200 feet; that northerly of this lot, on the…
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APPEAL from an order made at a special term, overruling a demurrer to the complaint. The complaint states that the plaintiff is the owner of a piece of land in the city of Hudson, purchased from the defendant, in June, 1846, bounded easterly, in front, "by Second street, northerly by Strawberry alley, and westerly by land owned by the defendant; that the lot is about 220 feet in width on Second street, and extends westerly 200 feet; that northerly of this lot, on the opposite side of Strawberry alley, is a lot conveyed by the defendant to one George Robinson, in October, 1844, and in the deed…
1Opinion of the Court
By the Court, Wright, J.
The parties are owners, and in possession, of adjoining closes, the plaintiff having acquired title from the defendant. Where the closes adjoin, the land is in its natural state. The plaintiff has laid no additional weight upon his land increasing the lateral pressure. The defendant is engaged in digging and removing the earth and clay from his close, near its junction with that of. the plaintiff, for the purpose of making brick. He has already excavated to the depth of fifty feet, within a short distance of the western extremity of the plaintiff’s close, so as to…
2Cases cited5 opinions
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Arnold v. FootNew York Supreme Court · 1834
- Farrand v. MarshallNew York Supreme Court · 1853
- Van Hoesen v. CoventryNew York Supreme Court · 1851
3Cited by26 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Heeg v. . LichtNew York Court of Appeals · 1880
- Cahill v. EastmanSupreme Court of Minnesota · 1872
- City of Quincy v. JonesIllinois Supreme Court · 1875
- Jutte v. . HughesNew York Court of Appeals · 1876
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