In re opening Thirty-second street
New York Supreme Court
Thirty-second street, as laid down on the commission-. ers’ map filed in 1811, between the 8th avenue and a line about 200 feet east of the 7th avenue, passed through lands which in September, 1835, were owned by James R. Whiting. He laid out the lands on both sides of the street into lots of about 25 feet front and 100 feet deep, fronting on the street, except the lots at the corners, which were of the same dimensions, but fronted on the 7th and 8th avenues.
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Thirty-second street, as laid down on the commission-. ers’ map filed in 1811, between the 8th avenue and a line about 200 feet east of the 7th avenue, passed through lands which in September, 1835, were owned by James R. Whiting. He laid out the lands on both sides of the street into lots of about 25 feet front and 100 feet deep, fronting on the street, except the lots at the corners, which were of the same dimensions, but fronted on the 7th and 8th avenues. In September, 1835, Whiting sold all the lots at public auc- " tion to different purchasers, except one lot on one of the corners,…
1Opinion of the Court
By the Court,
Bronson, J.
The map, under which Mr. Whiting made his sales, designated the street and avenues as they had been previously laid down on the commissioners’ map filed in 1811. • In the conveyance of the lots, the purchasers were, in terms, bounded on the street. If we Stop here, it is then a settled question that the grantor was only entitled to a nominal sum for the fee of the land in the site of the street, when it should afterwards be taken by the corporation; and had he sold the land in the street to a third person, his grantee would have had no greater right. Matter of…
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