Majority
p. 870John J. Lenihan, Respondent, v. Robert Ward, Appellant.
Headnote
Beal properly — specific performance —failure to establish defense that party■ wall is on adjoining land without authority.' Appeal by the defendant; from a judgment of the Supreme Court for the specific performance of a contract by him to purchase real estate of the plaintiff, "entered in the office of the clerk of the county of Kings on the 11th day of October, 1906, upon a decision made by the Kings County Special Term.
: 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. - "