Korn v. . Campbell
New York Court of Appeals
Appeal from an order of tlie Appellate Division of the Supreme Court in the first judicial department, entered May 17, 1907, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and dismissing the compiaint. „ The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of tlie Appellate Division of the Supreme Court in the first judicial department, entered May 17, 1907, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and dismissing the compiaint. „ The nature of the action and the facts, so far as material, are stated in the opinion. This case comes within the equitable doctrine that a court of chancery will enforce a restrictive covenant imposed by the grantor of land upon property conveyed by him which inures to the benefit of and is obligatory upon all subsequent grantees…
1Opinion of the CourtWerner, J.
The plaintiff and the defendant are the respective owners of lands which adjoin each other, the titles to which were derived from a common source. The defendant’s lot is on the northwest corner of Madison avenue and Seventy-third street in the borough of Manhattan, city of Hew York, having a frontage of eighteen (18) feet on the street, and a length of eighty (80) feet on the avenue. The plaintiff’s lot is on the avenue immediately north of the defendant’s, and has a frontage of twenty-two (22) feet and two (2) inches, with a depth of ninety-two (92) feet. Each of these lots 1ms upon it the…
2Cases cited4 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Barrow v. RichardNew York Court of Chancery · 1840
- Equitable Life Assurance Society v. BrennanNew York Court of Appeals · 1896
- Parker v. NightingaleMassachusetts Supreme Judicial Court · 1863
3Cited by141 opinions
- Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings BankNew York Court of Appeals · 1938
- Ridley v. HaimanTennessee Supreme Court · 1932
- Bristol v. WoodwardNew York Court of Appeals · 1929
- Town of Stamford v. VuonoSupreme Court of Connecticut · 1928
- Booth v. . KnipeNew York Court of Appeals · 1919
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