Battell v. . Burrill
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the decision of the court at Special Term and directing a new trial. This is an action of ejectment to recover possession of a lot of ground at the corner of Bedford and De Kalb avenues, in the city of Brooklyn.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the decision of the court at Special Term and directing a new trial. This is an action of ejectment to recover possession of a lot of ground at the corner of Bedford and De Kalb avenues, in the city of Brooklyn. Defendant claims as tenant of Matilda Steinworth, Theodore Steinworth, Charles Steinworth, Frederick Steinworth and Caroline Steinworth. This lot is part of four lots of ground which belonged to the Steinworths in 1847. In 1847 the city…
1Opinion of the CourtRapallo, J.
The premises in dispute were not taken by the city of Brooklyn in the exercise of the right of eminent domain nor for any public purpose, but are claimed to have been acquired pursuant to the third section of the act of April 30, 1833 (Laws of 1833, ch. 319), which authorizes the city, under certain circumstances, to take the residue of any lot of which a portion may be required for the opening of a street, and to sell and dispose of such residue. The act does not assume to authorize the city to take such residue by proceedings im, unvitum, but only by and with the consent in writing of the…
2Cited by3 opinions
- Adams v. SmithNew York Supreme Court · 1887
- Carman v. CowlesNew York Surrogate's Court · 1877
- Clapp v. WrightNew York Supreme Court · 1880