Uihlein v. . Matthews
New York Court of Appeals
Evidence—Restriction as to Use of Premises for a-Saloon When Removed by Quitclaim Deed—Acts and Conversations of Parties Inadmissible to Contradict Deed.
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Evidence—Restriction as to Use of Premises for a-Saloon When Removed by Quitclaim Deed—Acts and Conversations of Parties Inadmissible to Contradict Deed. Where the owner of a building by an instrument in writing conveyed three inches of land with the right to use his party wall to an adjoining owner in consideration of a covenant by the latter, stipulated to run with the land, that she would not during a specified time use a building to be erected by her for a saloon, and a dispute having arisen as to the title to a portion o£ her lot, the grantor, for a consideration, subsequently executed…
1Opinion of the CourtO’Bbien, J.
The judgment in this action awarded a permanent injunction against the defendant, restraining her from using or permitting the use of her premises as a place for the sale of ales, beers, wines and liquors, for the period of five years from May 4, 1898. The facts upon which the judgment rests were found by the trial court and appear fully in the record without dispute, and, hence, the appeal presents the question whether the judgment is sustained by the conceded and undisputed facts. The defendant owns a block or building adjoining the plaintiffs. The premises of the latter are occupied as a…
2Cases cited12 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
- Armstrong v. Lake Champlain Granite Co.New York Court of Appeals · 1895
- Green v. . CollinsNew York Court of Appeals · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Chapman v. Sheridan-Wyoming Coal Co.Supreme Court of the United States · 1950
- Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
- Boyden v. RobertsWisconsin Supreme Court · 1907
- Zerafa v. Montefiore Hosp. Housing Co., Inc.District Court, S.D. New York · 2005
- Rahabi v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1981
29 more not listed; retrieve them via the Exa API.