The Superior Court of the City of New York and Buffalo January 17, 1889 (Heartt v. Kruger)

Ingraham, J.

This is an action of ejectment to recover possession of a strip of land covered by a portion of the wall erected by the defendant. In 1874 one Burchell was the owner of both plaintiff’s and defendant’s lots. He erected a building on each lot, with a party-wall between them 12 inches in width.