Fearing v. Irwin
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered on a case submitted under section 372 of the Code. The facts admitted were substantially as follows: Daniel B. Fearing, plaintiffs’ testator, died seized of certain lands adjoining “Bloomingdale road” and “Apthorp’s lane,” in the city of Hew York. These lands were divided into lots and sold at public auction by plaintiffs.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered on a case submitted under section 372 of the Code. The facts admitted were substantially as follows: Daniel B. Fearing, plaintiffs’ testator, died seized of certain lands adjoining “Bloomingdale road” and “Apthorp’s lane,” in the city of Hew York. These lands were divided into lots and sold at public auction by plaintiffs. Defendant Irwin bid off several lots, among them two which lay wholly within the lines of said “road” and “lane,” and one lying partly within the line of the…
1Opinion of the CourtForger, J.
In these cases of a submission of a controversy without action, the court is confined to the facts agreed upon, and can make no inferences, or in any way depart from . or go beyond the statement presented. (Clark v. Wise, 46 *490N. Y., 612.) Hence the admission that, when the Bloomingdale road and Apthorp’s lane shall have been closed by law, the title to the abutting half of each of them will revert to the Fearing estate, is of controlling effect. It is an admission which involved questions of law ; but, as it is stated in the case, and for all the purposes of the submission, it is a statement…
2Cases cited3 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Clark v. . WiseNew York Court of Appeals · 1871
3Cited by1 opinion
- North American Ins. v. WhippleU.S. Circuit Court for the Northern District of Illnois · 1871