Simmons v. . Crisfield
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 8, 1908, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 8, 1908, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The following question was certified: “ Does the complaint of the plaintifE herein state facts sufficient to constitute a cause of action % ” The nature of the action and the facts, so far as material, are stated in the opinion. The executor had no power to incumber the estate by restrictive agreement. (Craig v. Wells, 11 N. Y.…
1Opinion of the Court
Cullen, Ch. J.
In 1897 Julia Hurd died seized of two lots of land in the city of Eoehester, and by her will she authorized her executor to sell and convey her real estate. Her executor sold and conveyed one of these lots to the plaintiff by a deed which contained a covenant on the part of the grantee, his heirs and assigns, that the front wall of any building erected on the premises conveyed should stand back at least twenty feet from the line of the street on which the lot fronted, and also a similar covenant on.the part óf the grantor that the front wall of any building erected on the…
2Cases cited5 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Gibert v. PetelerNew York Supreme Court · 1862
- Valentine v. SchreiberAppellate Division of the Supreme Court of the State of New York · 1896
- Rensselaer v. Albany & West Stockbridge RailroadNew York Court of Appeals · 1875
- In re Opening Sixty-Seventh StreetNew York Supreme Court · 1881
3Cited by13 opinions
- United States v. BenedictCourt of Appeals for the Second Circuit · 1922
- Smith v. GrahamAppellate Division of the Supreme Court of the State of New York · 1914
- Pagenstecher v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1911
- Russell v. WallaceCourt of Appeals for the D.C. Circuit · 1929
- Hackendorn v. MahanCourt of Chancery of Delaware · 1939
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