Quigg v. Treadway

The judgment appealed from cannot be sustained upon the ground stated by the learned Special Term in its memorandum. There is no evidence in the record which shows that the deed to lot 49 conveyed or attempted to convey any part of Maltbie avenue. This result was obtained by the defendants’ surveyor by measuring from the boulevard north to Maltbie avenue with the result that the distance shown on the Comesky map, 658.54 feet, carried the line 1.54 feet into Maltbie avenue. Had the measurement commenced at Maltbie avenue, it obviously would have carried the line 1.54 feet into the boulevard.…