In re Mayor
New York Supreme Court
Lewis-street lies in that part of the city which was laid ou* into avenues and streets under the act of April 3d, 1807. ft Was not recognized by the commissioners as a street, nor designated by them as such on their map, but was laid out by the owners of property to induce to the sale of lots, and was actually opened and used as a street.
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Lewis-street lies in that part of the city which was laid ou* into avenues and streets under the act of April 3d, 1807. ft Was not recognized by the commissioners as a street, nor designated by them as such on their map, but was laid out by the owners of property to induce to the sale of lots, and was actually opened and used as a street. Lots were sold and deeds executed, bounding the lots upon the street, some °f which, at the intersection of other streets, had fronts upon such streets, but the interior lots had no access to them but . . by the way of Lewis-street. One ot the lots, being a…
1Opinion of the Court
By the Court, Savage, Ch. J.
The court adhere to the opinion pronounced in the case of Seventeenth-street, (1 Wendell, 262,) that in the city of New-York the fee of the land comprised in the space called a street, previous to its being opened by the corporation, does not pass to the purchasers of the- lots hounded upon it, as it would do were the lots bounded on a public highway out of the limits of the city; but that it remains in the grantor, the owners of the lots having a perpetual right of way over the space called a street. *474The case of Seventeenth-street was distinguished from that of…
2Cases cited1 opinion
- In re Mayor of New-YorkNew York Supreme Court · 1828
3Cited by39 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Haynes v. ThomasIndiana Supreme Court · 1855
- People v. . UnderhillNew York Court of Appeals · 1895
- Hurd v. HallWisconsin Supreme Court · 1860
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