Appellate Division of the Supreme Court of New York, 1907

Lenihan v. Ward

Lenihan v. Ward
Appellate Division of the Supreme Court of New York · Decided April 15, 1907 · Gaynor
119 A.D. 870; 103 N.Y.S. 1131
Lenihan v. Ward

Opinion of the Court

Gaynor, J.

: The contract of the plaintiff was to convey to the defendant a house “ each line of it running through a party wall”. Each side line does run through the" center of a wall, but the claim of the defendant is that one of the walls, while'apparently a party wall, and one-h.alf on the adjoining land, was there without right. This was a defense for him to establish, but he gave no evidence on the'subject. The judgment should be affirmed.- Hirschberg, P. J., Woodward, Jenks and Hooker, JJ., concurred. - "

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