Citation Numbers: 30 Misc. 390, 63 N.Y.S. 1016
Judges: Fitzgerald
Filed Date: 1/15/1900
Status: Precedential
Modified Date: 1/13/2023
The plaintiff seeks to restrain the defendants from erecting a building on the west side of Central Park west, at a point twenty feet south of One Hundred and Seventh street, adjoining the premises Ho. 468 Central Park west. The plaintiff bases his claim to the three feet of property in dispute on his record title and upon adverse possession for a period extending over forty years. It appears for a long time prior to May 7, 1852, the premises in question formed part of a tract of land extending from about One Hundred and Third street to the northerly side of the premises above described, and were owned and possessed by James Vanderpoel and Thomas W. Olcott, who purchased the same in June, 1841, from Thomas Addis Emmett, master in chancery. The executors of Vanderpoel conveyed their interest to Henry T. Morgan. Thomas W. Olcott and wife conveyed their interest in same to Richard L. Wells, who thereafter conveyed same to Henry T. Morgan. Henry T. Morgan and wife, by deed dated June 24, 1879, and recorded December 20, 1879, conveyed to Alexander C. Morgan certain premises. The complaint, at folio 32, says (referring to this conveyance): “That at the time the conveyance above referred to, from Henry T. Morgan to Alexander 0. Morgan, was made and delivered, and prior thereto, the description of said premises apparently did not include anything north of a point 181 feet and 9 3-4 inches northerly from the north side of One Hundred and' Sixth street, which point was twenty feet south of the corner of One Hundred and Seventh street and Central Park west ” (then Eighth avenue). Alexander 0. Morgan conveyed to Edwin D. Morgan by two deeds certain premises; subsequently Edwin D. Morgan died, leaving a will, from which it appears that the strip of three feet, together with other property, was devised to his brother, Homer Morgan. The executors of Edwin D. Morgan conveyed premises on the west side of Eighth avenue (extending to a point twenty feet south of One Hundred and Seventh street) to Gilbert A. Webber, and by subsequent conveyances the title to said premises vested in the plaintiff. Albert G. Bearing, who, in conjunction with John J. Dennis and John H. Tolies, were the owners of the premises in question, erected the building now the property of the plaintiff. On February 24, 1890, the said Bearing
Motion denied.