Bradley v. Walker
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Mary E. Bradley against Isaac Walker. Plaintiff appeals from an order made at special term, February 9, 1891, vacating an ex parte injunction theretofore obtained, forbidding the violation of a covenant, and denying an application to continue said injunction pendente lite. The covenant was signed by the defendant’s grantors and others, and they thereby agreed to reserve an open space in front of certain lots, and not build thereon.
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Appeal from special term. Action by Mary E. Bradley against Isaac Walker. Plaintiff appeals from an order made at special term, February 9, 1891, vacating an ex parte injunction theretofore obtained, forbidding the violation of a covenant, and denying an application to continue said injunction pendente lite. The covenant was signed by the defendant’s grantors and others, and they thereby agreed to reserve an open space in front of certain lots, and not build thereon. The court below conceded that the merits were with the appellant, but vacated the injunction on a question of law, viz.: That…
1Opinion of the CourtMcAdam, J.
The covenant was not a conveyance, within the statutory meaning of that term, respecting the acknowledgment of conveyances by married women. 1 Rev. St. p. 758, § 10. It did not purport to grant or convey any estate, and none passed, or was intended to pass, by it. It is somewhat analogous to the right conferred in McLarney v. Pettigrew, 3 E. D. Smith, 111, in which it was held that an agreement that beams might be inserted in the wall of plaintiff’s house, for the permanent support of the adjoining house, did not convey an interest in real estate, and did not require a writing. The same…
2Cases cited8 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Vartie v. UnderwoodNew York Supreme Court · 1854
- Brouwer v. JonesNew York Supreme Court · 1856
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3Cited by2 opinions
- Bradley v. WalkerThe Superior Court of the City of New York and Buffalo · 1892
- Rowland v. MillerThe Superior Court of the City of New York and Buffalo · 1891