Ladue v. Cooper
New York Supreme Court
This action is brought to recover damages for an alleged breach of covenant of warranty contained in a deed executed by defendant’s testator, one Howell Cooper, on April 7, 1858, to one Alice Farley, through whom plaintiff derives his title to the premises in question which are situated in the city of Watertown.
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This action is brought to recover damages for an alleged breach of covenant of warranty contained in a deed executed by defendant’s testator, one Howell Cooper, on April 7, 1858, to one Alice Farley, through whom plaintiff derives his title to the premises in question which are situated in the city of Watertown. The alleged breach of covenant is predicated upon the fact that the owner of the premises adjoining upon the west those owned by plaintiff has a right to the use of a lane, laid one-half upon plaintiff’s premises and extending from the street back over said premises for a distance of…
1Opinion of the CourtHiscock, J.
On April 1, 1850, defendant’s testator, being the owner of two adjoining houses and lots on Main street in Watertown (and which are the premises giving rise to this litigation) conveyed to one John Hickey, the westerly house and lot by a description reading as follows: “All that certain piece or parcel of land * * * beginning on the margin of the road at the center of the lane, and running northeasterly parallel with the lane between William Smith and the party of the first part * * * fifteen-rods; thence northwesterly at right angles with the first line three rods to the board fence; thence…
2Cases cited4 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Scriver v. . SmithNew York Court of Appeals · 1885
- Rea v. MinklerNew York Supreme Court · 1871
- Ranscht v. WrightAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915