Brooks v. . Curtis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, modifying judgment in favor of defendants, entered upon the decision of the court at Special Term, and affirming judgment as modified. This action was brought to compel defendants to remove certain encroachments alleged to have been placed by defendants upon the premises- of plaintiff, and to restore the property to its former condition.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, modifying judgment in favor of defendants, entered upon the decision of the court at Special Term, and affirming judgment as modified. This action was brought to compel defendants to remove certain encroachments alleged to have been placed by defendants upon the premises- of plaintiff, and to restore the property to its former condition. The parties are the owners of adjoining premises, situate in the city of Rochester. In 1846 one Everard Peck owned both premises. He deeded to plaintiff, in July…
1Opinion of the CourtBapallo, J.
The deed from Everard Peck to the plaintiff states that the wall in controversy was, at the time of the conveyance, being erected by Peck as the west wall of a block of stores. The center line of the w.all is, by the deed, made the easterly boundary of the land conveyed, which includes the land on which the westerly half of the wall stands. It appears that Peek’s stores were afterward completed, and the plaintiff erected a building upon his own lot, using the wall as a party wall, and inserting in it the joists of his building. Peck afterward conveyed to the defendant, who made the addition…
2Cases cited4 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Campbell v. MesierNew York Court of Chancery · 1819
- Hendricks v. . StarkNew York Court of Appeals · 1867
- Eno v. Del Vecchio & SnyderThe Superior Court of New York City · 1856
3Cited by51 opinions
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Bull v. . BurtonNew York Court of Appeals · 1919
- Whiting v. GaylordSupreme Court of Connecticut · 1895
- Dauenhauer v. DevineTexas Supreme Court · 1879
- Everett v. EdwardsMassachusetts Supreme Judicial Court · 1889
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