Legal Opinion

Blake v. McCarthy

New York Supreme Court

Decided February 25, 1909PublishedCited by 3 opinions

Action by Byron S. Blake against Mary E. McCarthy and others. Judgment for plaintiff.

1Opinion of the CourtBenton, J.

This action is to recover real property. It involves a claim of title and the location of boundary lines. These are questions of law. They have been settled by a jury, whose verdict establishes that defendant’s building encroached on the land of plaintiff in *1015a triangular form, namely, over a foot at the east end of defendant’s frame house, and running to a point in the neighborhood of 65.18 feet westerly therefrom. Plaintiff is entitled to the removal of this encroachment. It cannot be removed by execution, because of the damage to the remainder of defendant’s property. By taking down the…

2Cases cited4 opinions

  1. Hahl v. . SugoNew York Court of Appeals · 1901
  2. Baron v. . KornNew York Court of Appeals · 1891
  3. Lyle v. LittleAppellate Division of the Supreme Court of the State of New York · 1898
  4. Lyle v. LittleAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by3 opinions

  1. Agmar v. SolomonCalifornia Court of Appeal · 1927
  2. Brooklyn Trust Co. v. City of New YorkNew York Supreme Court · 1919
  3. Mark Whitmore v. Zane LarsenCourt of Appeals of Washington · 2020

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