Brown v. Pentz
New York Court of Appeals
John A. Brown brought this action in the supreme court in equity, against Frederick, William A. F., and John Pentz, for the value óf a certain party wall, erected by one Sandford, upon a lot then owned by him, and known as No. 73 Greenwich-street, in the city of New York, and adjoining and extending seven inches upon the adjoining premises, known as No. 75 Greenwick-street, then possessed by one John S. Roulet, and now through various conveyances vested in defendants.
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John A. Brown brought this action in the supreme court in equity, against Frederick, William A. F., and John Pentz, for the value óf a certain party wall, erected by one Sandford, upon a lot then owned by him, and known as No. 73 Greenwich-street, in the city of New York, and adjoining and extending seven inches upon the adjoining premises, known as No. 75 Greenwick-street, then possessed by one John S. Roulet, and now through various conveyances vested in defendants. The cause was transferred., to the New -York superior court, pursuant to statute. Upon the trial, it appeared that the wall…
1Opinion of the CourtMcCoun, J.
The north wall of Sandford’s house, built by him in 1813, on lot Ho. 73, was placed partly on lot Ho. 75, adjoining, then in possession of Roulet -as the owner thereof. This was done under an agreement in writing between Sandford and Roulet, by which the latter agreed, in case he should thereafter build upon lot Ho. 75, or if the wall should be used by him, his heirs or assigns, as a party wall, then he would pay one • half of the value of such wall. The wall, when built, still belonged wholly to Sanford. He was not a trespasser by building it partly on the adjoining lot. The agreement was a…
2Cases cited2 opinions
- Campbell v. MesierNew York Court of Chancery · 1819
- United States v. AppletonU.S. Circuit Court for the District of Massachusetts · 1833
3Cited by1 opinion
- Scott v. . McMillanNew York Court of Appeals · 1879