Caminez v. Goodman
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiffs ask for the specific performance by the defendant of his contract of purchase of a lot of land.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiffs ask for the specific performance by the defendant of his contract of purchase of a lot of land. Part of it lies in the line of what was the ancient road from Brooklyn to Newtown.-TheGine of this road was straightened and changed in 1871, by a commission appointed under chapter 674-of the Laws of 1868, and the new road was and is called Flushing avenue. The city of Brooklyn thereupon conveyed to the plaintiffs’ predecessor in title, ■ who owned the abutting…
1Opinion of the Court
Gaynor, J.:
If the old road was a Dutch road the fee of it was in the city, after the law of the continent of Europe, and its conveyance to the plain tiffs’ predecessor was good (Dunham v. Williams, 37 N. Y. 251). The capitulation of Long Island by the Dutch to the English was in 1664. If the road existed at that time the plaintiffs’ case is made out. It is mentioned in Hiker's Annals of Newtown (pp. 83-4) as having been repaired in 1670, showing it to have been of some age then; and in Ostrander's History of Brooklyn (vol. 1, pp. 101-2) it is mentioned as existing in 1662 when the village of…
2Cases cited1 opinion
- Dunham v. . WilliamsNew York Court of Appeals · 1867
3Cited by2 opinions
- Schaefer v. HillikerAppellate Division of the Supreme Court of the State of New York · 1910
- Pooler v. SammetAppellate Division of the Supreme Court of the State of New York · 1909