Rogers v. . Sinsheimer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. This action was brought to recover possession of a strip of land in the city of Brooklyn, six inches wide.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. This action was brought to recover possession of a strip of land in the city of Brooklyn, six inches wide. About nineteen years before the commencement of this action J. S. T. Stranahan was the owner of two adjoining lots of land in said city, and built thereon two houses, separated by an eight-inch party wall. He conveyed the easterly lot to Hiram Travis and the westerly one to Nathaniel Travis.…
1Opinion of the CourtRapallo, J.
From the facts found and admitted it appears that the two houses and lots, now owned by the parties to this action respectively, were originally owned by one Stranahan. He h'ad erected the two houses thereon, and made the wall in question a party wall, between them. By two deeds, both dated and recorded at the same time, he conveyed the easterly lot to the grantor of the plaintiff) and the westerly lot to the grantor of the defendant, by a description which is claimed by the plaintiff to have so located the line of division as to throw the whole of the wall, and two inches of land on the…
2Cases cited2 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
3Cited by30 opinions
- John Hancock Mutual Life Insurance v. PattersonIndiana Supreme Court · 1885
- Katz v. . KaiserNew York Court of Appeals · 1897
- Griffiths v. . MorrisonNew York Court of Appeals · 1887
- Yonker v. GrimmWest Virginia Supreme Court · 1926
- Christensen v. MannWisconsin Supreme Court · 1925
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