Legal Opinion

Douglas v. . Coonley

New York Court of Appeals

Decided October 4, 1898PublishedCited by 19 opinions

' Appeal from an order and a judgment of the late General Term of the Supreme Court in the third judicial department, entered February 27 and March 8, 1895, respectively, reversing a final judgment entered upon the decision and order of the court at Special Term, sustaining plaintiffs’ demurrer to the defendants’ answer. •This action was brought to recover the use and occupation of a certain stairway in common with the defendants, and to restrain them from interfering with…

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' Appeal from an order and a judgment of the late General Term of the Supreme Court in the third judicial department, entered February 27 and March 8, 1895, respectively, reversing a final judgment entered upon the decision and order of the court at Special Term, sustaining plaintiffs’ demurrer to the defendants’ answer. •This action was brought to recover the use and occupation of a certain stairway in common with the defendants, and to restrain them from interfering with such use and occupation. The facts, so far as material, are stated in the opinion. The defendants’ appeal to the General…

1Opinion of the Court

Parker, Ch. J.

By his will Henry B. Smith conferred upon executors named therein the power to sell and convey his real estate. It consisted in part of a three-story building that had three stores on the ground floor. The executors conveyed the middle store to Margaret A. Cantwell, and the store next adjoining it on the west to this defendant Coonley and one John Hughes, and Hughes’ title has since been acquired by the defendant Sophronia C. Smith. Between the said middle and west stores was a wall that the conveyance made a party wall, and from the street to the upper rooms of the building,…

2Cases cited2 opinions

  1. Cragin v. . LovellNew York Court of Appeals · 1882
  2. Heartt v. . KrugerNew York Court of Appeals · 1890

3Cited by19 opinions

  1. Schlesinger v. BurlandNew York Supreme Court · 1903
  2. People v. . Hudson River Connecting R.R. Corp.New York Court of Appeals · 1920
  3. Cohen v. Adolph Kutner Co.California Supreme Court · 1918
  4. Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
  5. 5 East 73rd, Inc. v. 11 East 73rd Street Corp.New York Supreme Court · 1959

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