Holdane v. . Trustees of the Village of Cold Spring
New York Court of Appeals
Appeal from the Supreme Court. Action to restrain the Trustees of Cold Spring from removing a fence, gateposts and ■ columns, erected by the plaintiff, across' the intersection of Northern avenue, and a contemplated extension through the plaintiff's land of Morris avenue, and from exercising any control or authority oVer such contemplated extension as a public street or highway.
Read the full summary
Appeal from the Supreme Court. Action to restrain the Trustees of Cold Spring from removing a fence, gateposts and ■ columns, erected by the plaintiff, across' the intersection of Northern avenue, and a contemplated extension through the plaintiff's land of Morris avenue, and from exercising any control or authority oVer such contemplated extension as a public street or highway. The defendants claimed that the grantors of the plaintiff had "dedicated the land for an extension of Morris avenue. The trial was before a referee, who found these facts: In 1850 the heirs of Mary Gouverneur, from…
1Opinion of the CourtWeight, J.
Apprehending that the defendants, in accordance with a resolution adopted by them as a board of trustees, would proceed to tear down and remove the fence and gateposts, erected by the plaintiff across the south end of the strip of land called, in the Case, the continuation or prolongation of Morris avenue, from Northern avenue to the south boundary of the inclosure of George P. Morris, this action was brought. No question was raised on the trial as to the right of the plaintiff to- be relieved in a court of equity, provided there had been no effectual and'binding dedication of the strip to…
2Cases cited1 opinion
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
3Cited by71 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Palmer v. . PalmerNew York Court of Appeals · 1896
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
66 more not listed; retrieve them via the Exa API.