Phenix Insurance v. Continental Insurance
New York City Court
The action was brought to have an easement declared in favor of the plaintiffs, as owners of the dominant, against the defendants, as the owners of the servient premises, and to have the defendants perpetually enjoined. The facts sufficiently appear in the opinion.
1Opinion of the Court
Neilson, Ch. J.
The question is as to continuing a preliminary injunction heretofore granted.
Each party holds in fee a portion of the plot of ground which had belonged to George S. Howland ; the defendants that part which was conveyed by Howland and wife to James W. Smith ; the plaintiffs the residue thereof. The deed executed by Howland and wife to Smith, October 14, 1848, conveying the property now held by the defendants, contained a special covenant in the words following:
“And the said party of the second part, for himself, bis executors, administrators and assigns, hereby covenants and…
2Cases cited10 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Hills v. MillerNew York Court of Chancery · 1831
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- Clark v. JonesCourt for the Trial of Impeachments and Correction of Errors · 1845
- Tabor v. . BradleyNew York Court of Appeals · 1858
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