Pearsall v. Westcott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James H. Westcott and another, from a judgment of the Supreme Oourt-in favor.of. the plaintiff, entered in the office of the clerk of the county of Saratoga on the 2d day of December, 1897, upon the decision of the court rendered after a trial at the Saratoga Trial Term before the court without a jury.
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Appeal by the defendants, James H. Westcott and another, from a judgment of the Supreme Oourt-in favor.of. the plaintiff, entered in the office of the clerk of the county of Saratoga on the 2d day of December, 1897, upon the decision of the court rendered after a trial at the Saratoga Trial Term before the court without a jury. The plaintiff in his complaint averred that he was the owner of part of lot Ho. 52 on a map of lands of Henry Walton, deceased, in Saratoga Springs, H. Y.; that the defendants owned the adjoining premises on the north ; that he had been in possession of his said lot…
1Opinion of the Court
Per Curiam :
• The court below found that the plaintiff was the owner of the premises described in the complaint, and, hence, that his north line extended to the center of the eight-inch brick wall between his lot and that of the defendants; also that said wall was a party wall, used as such for over thirty years, and that the plaintiff had a right to use it as such, and he directed a judgment enjoining- and restraining the defendants “from entering upon or interfering with the south one-half thereof.”
After a careful consideration of the evidence we are of the opinion that it does not sustain…
2Cases cited4 opinions
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Negus v. . BeckerNew York Court of Appeals · 1894
- Avery v. . Empire Woolen CompanyNew York Court of Appeals · 1880
- Nash v. KempNew York Supreme Court · 1874
3Cited by7 opinions
- Florida Power Corporation v. McNeelyDistrict Court of Appeal of Florida · 1960
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Soma Realty Co. v. RomeoNew York Supreme Court · 1961
- American Railway Expeess Co. v. Lassen Realty Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Mollenhauer v. WolfeNew York Supreme Court · 1922
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