Burke v. Nichols
New York Court of Appeals
Lawrence Burke brought this action against Theodore P. Nichols, in the supreme court, to foreclose a mortgage given by defendant to plaintiff, for part of the purchase money of premises in New York city, conveyed by plaintiff to defendant by deed, conveying by metes and bounds, with full covenants.
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Lawrence Burke brought this action against Theodore P. Nichols, in the supreme court, to foreclose a mortgage given by defendant to plaintiff, for part of the purchase money of premises in New York city, conveyed by plaintiff to defendant by deed, conveying by metes and bounds, with full covenants. Defendant by answer set up that a part of the house and enclosure of the premises conveyed stood, over and upon an adjoining lot, not conveyed to defendant, and he claimed compensation for the breach of covenant thereby occasioned on the part of the plaintiff. On the trial the evidence to prove…
1Opinion of the CourtJ. C. Smith, J.
It is a familiar rule, that a grant of land eo nomine, conveys not only the ground or soil, but every corporeal thing which is attached to the earth, whether by the course of nature, as trees, herbage and water, or by the hand of man, as houses and other structures. Co. Litt. 4 a; 3 Kent Com. 486. The defendant is, therefore, correct in claiming, that, under his deed from the plaintiff, his rights in respect to the dwelling-house and fence on the lot thereby conveyed, are the same as if such structures had been specifically mentioned in the grant. If the grantor had title to them, it passed…
2Cases cited2 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Lawrence v. DelanoThe Superior Court of New York City · 1849
3Cited by1 opinion
- Whitman v. Home Guardian Co.New York Supreme Court · 1929