Legal Opinion

Meserole v. Mayor of Brooklyn

New York Court of Chancery

Decided April 7, 1840PublishedCited by 8 opinions

This was an appeal from a decision of the vice chancellor of the first circuit, refusing to dissolve an injunction. J. Meserole, the father of the complainants, who died in 1827, was at the time of his death seized in fee of a lot of land in the town, now city of Brooklyn, containing about. 23 acres; and by his death the same descended to the complainants, who were then infants under the age of four years, subject to the right of dower of their mother therein.

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This was an appeal from a decision of the vice chancellor of the first circuit, refusing to dissolve an injunction. J. Meserole, the father of the complainants, who died in 1827, was at the time of his death seized in fee of a lot of land in the town, now city of Brooklyn, containing about. 23 acres; and by his death the same descended to the complainants, who were then infants under the age of four years, subject to the right of dower of their mother therein. Shortly after the death of their father, the Wallabacht and Bedford Turnpike Company was incorporated, for the purpose of making a…

1Opinion of the Court

The Chancellor.

It is pretty evident in this case that an assessment has been made on the lands of the complainants, which must probably produce a total sacrifice of the property assessed, unless they can obtain relief, either in this court or by legislative interference. Judging from the facts before me, I cannot see how it was possible for the commissioners of estimate and assessment, to have come to the conclusion that the lands assessed could be benefitted to the amount of about $14,000 by the contemplated improvement f even upon the principles on which they proceeded relative to the…

2Cases cited1 opinion

  1. In re Anthony-streetNew York Supreme Court · 1839

3Cited by8 opinions

  1. Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
  2. Fitzgerald v. HarmsIllinois Supreme Court · 1879
  3. Thompson v. Commissioners of the Canal FundNew York Supreme Court · 1855
  4. Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
  5. Heywood v. City of BuffaloNew York Court of Appeals · 1856

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