Legal Opinion

Beckwith v. Pirung

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1909PublishedCited by 7 opinions

Appeal by the plaintiffs, Mary E. Beckwith and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 1st day of March, 1909, upon the decision of the court dismissing the complaint upon the pleadings on a tidal at the Kings County Special Term.

1Opinion of the Court

Burr, J.:

Although the allegations of the complaint are somewhat vague and indefinite, we think that it maybe fairly inferred that the parcel of ground owned by the plaintiff Mary E. Beckwith, and that owned by the defendant Barbara Pirung, were each within the boundaries of Ditmas Park, and included in the general plan for the itnprovment thereof. Each of the deeds of lots within the said park, including those through which these parties claim title, contained restrictive covenants, substantially similar in form, except that in some it was provided that the cost of the dwelling house to be…

2Cases cited2 opinions

  1. Korn v. . CampbellNew York Court of Appeals · 1908
  2. Silberman v. UhrlaubAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by7 opinions

  1. Hancock v. GummSupreme Court of Georgia · 1921
  2. Gibson v. MainSupreme Court of Delaware · 1925
  3. Asbury v. CarrollSuperior Court of Pennsylvania · 1913
  4. Trainer v. CalefSupreme Court of New Jersey · 1924
  5. Hepburn v. LongAppellate Division of the Supreme Court of the State of New York · 1911

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