Hagerty v. Lee

The opinion of the court was delivered by

Van Syckel, J.

Hagerty, the plaintiff in error, being ■the owner in fee of a tract of land in the town of Phillips-burg, fronting fifty feet on Main street and having a depth of ■two hundred and twenty feet, conveyed part thereof (twenty-five feet front by two hundred and twenty feet deep) to one ■'Christopher S. •’Winter in fee by deed dated July 10th, 1884.

This deed contained the following reservation : “ The party • of the first part reserving the right to the free use of light and ;air over said tract above described, and in case he should build on…