Lenihan v. Ward — 103 N.Y.S. 1131

Majority

p. 1131

LENIHAN v. WARD.

(Supreme Court, Appellate Division, Second Department.

April 26, 1907.)

Headnote

Appeal from Special Term, Kings County. Action by John J. Lenihan against Robert Ward. From a judgment for plaintiff

p. 1132

defendant appeals. Affirmed. Chas. (J. Clark, for appellant. Walter E. Warner, for respondent.

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 half 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.