Hawes v. United States Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Samuel J. Clarke from an. order of tbe Supreme" Court, made at tbe New York Special Term and entered in the office of tbe clerk of tbe county of New York on tbe 2d -day "of December, 1910, as resettled by an' order entered on the 20th day' of December, 1910, denying tbe appellant’s motion for leave to enter bis appearance and answer the complaint herein.
1Opinion of the Court
Miller, J.:
This action was brought to register title to real property, pursuant to article 12 of tbe Real Property Law (Consol; Laws, chap.-50 [Laws of 1909, chap. 52], as amd. by Laws of 1909,. chap. 3.05, and Laws of 1910, chap. 627). The appellant is an abutting owner. The boundary line between the plaintiff’s and tbe appellant’s property *791' runs through a retaining wall; and, to the extent that said retaining wall stands on the plaintiff’s premises, the appellant claims an interest or easement therein. The certificate of the examiner of titles states that there are no persons other than…
2Cases cited2 opinions
- Duffy v. ShirdenAppellate Division of the Supreme Court of the State of New York · 1910
- Smith v. MartinAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by12 opinions
- Title Guarantee and Trust Co. v. GrisetCalifornia Supreme Court · 1922
- Lachmann v. BrookfieldNew York Supreme Court · 1911
- Partenfelder v. PeopleAppellate Division of the Supreme Court of the State of New York · 1912
- Hawes v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1913
- City & Suburban Homes Co. v. PeopleAppellate Division of the Supreme Court of the State of New York · 1912
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