Burlock v. Peck
The Superior Court of New York City
Elisha. Peck, in his lifetime, owned in fee several lots of ground on the northerly side of Third street, between the First and Second avenues, each 20 feet wide, being Nos. 65 to 75 inclusive, No. 75 being the most easterly of the number. On the 8th of April, 1839, Peck and wife sold and conveyed by deed to John Hanrahan, lots 65, 67, and 69. The deed, besides the usual full covenants of warranty, contained this clause, viz.
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Elisha. Peck, in his lifetime, owned in fee several lots of ground on the northerly side of Third street, between the First and Second avenues, each 20 feet wide, being Nos. 65 to 75 inclusive, No. 75 being the most easterly of the number. On the 8th of April, 1839, Peck and wife sold and conveyed by deed to John Hanrahan, lots 65, 67, and 69. The deed, besides the usual full covenants of warranty, contained this clause, viz. “ And the party of the second part has the privilege of building a party wall twelve (12) inchés thick, extending six inches on each side of the easterly line, forty-two…
1Opinion of the CourtBy the Court. Bosworth, J.
The conveyance by Hanrahan to Mrs. Burloek of lot 69, in March, 1840, transferred to her the title to the whole of the party-wall standing on the easterly line of the lot. Six inches of its width had been lawfully erected on lot 71. The right and privilege to so erect it, were given by the deed of 1839 from Peck to Hanrahan. Until Peck or his grantee of lot 71, built on the latter lot, and used the party-wall, the wall was the sole property of Mrs. Burloek, from the time lot 69 was conveyed to her.
Nothing had been paid for'the party-wall up to the time she became the owner of lot 69. The…
2Cases cited1 opinion
3Cited by6 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Gibson v. HoldenIllinois Supreme Court · 1885
- Bloch v. IshamIndiana Supreme Court · 1867
- Mickel v. YorkIllinois Supreme Court · 1898
- Watkins v. GlasCalifornia Court of Appeal · 1907
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