Albany Garage Co. v. Munson

Headnote

Real property — easements — deed — covenant — action to recover for breach of covenant of quiet enjoyment contained .in warranty deed — insufficient evidence of easement for sewage.

Albany Garage Co v. Munson, 218 App. Div. 240 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 23, 1926, unanimously affirming a judgment in favor of defendants entered upon a decision of the court at a Trial Term without a jury. The action was to recover for an alleged breach of covenant. The complaint alleged that defendants conveyed to plaintiff certain lands by warranty deed contain

ing the usual covenants of quiet enjoyment and that defendant had been evicted from a portion of the premises by reason df a sewer easement in the city of Albany extending over the premises. The trial court found that there was no sufficient evidence of an easement in favor of the city over the lands in question.