In re Opening of Fulton Avenue
New York Supreme Court
In the matter of the opening of Fulton avenue from Spring Place to the boundary line of the Twenty-Third ward. Motion to confirm commissioners’ report.
1Opinion of the CourtLawrence, J.
It is not the duty of, nor is it proper for, the commissioners of estimate and assessment to determine questions of title. In re William and Anthony Sts., 19 Wend. 678; Spears v. Mayor, etc., 87 N. Y. 359-373; Cassidy v. Mayor, etc., 62 Hun, 358, 17 N. Y. Supp. 71. Until the cases pending in this court between Evan Jones and John Jones or his heirs, and between Evan Jones and Morgan Jones and his heirs, are determined, the question of title is in doubt. The commissioners were therefore right in making the award to unknown owners, and it follows that an-order should be made confirming their…
2Cases cited3 opinions
- In re WilliamNew York Supreme Court · 1839
- Spears v. . Mayor, Etc., City of N.Y.New York Court of Appeals · 1882
- Cassidy v. MayorNew York Supreme Court · 1891