In Hart v. Lyon (90 N.Y. 663) the contract for the party wall was held unenforceable against a purchaser at a sale in foreclosure, for being merely a personal obligation; but the covenant that the expense of repairing, or rebuilding, the party wall should be borne equally by the parties, "their respective heirs and assigns," was regarded as a covenant running with the land.Summary of this case from Mott v. Oppenheimer
Argued October 27, 1882
Decided November 21, 1882
Walter S. Cowles for appellant.
William McDermott for respondent.
MILLER, J., reads for affirmance.