Bellinger v. Union Burial-Ground Society
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. March 9. The defendants being the owners of a large lot, offered it for sale at auction, exhibiting a plan, in which part of it was subdivided into small building-lots, bounded by Washington street, laid out over the lot. Smith purchased one of the lots, and his conveyance described the lot as “ on Washington street, as the same shall hereafter be opened, .... and bounded on the south by said Washington street.”
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In error from the District Court of Philadelphia. March 9. The defendants being the owners of a large lot, offered it for sale at auction, exhibiting a plan, in which part of it was subdivided into small building-lots, bounded by Washington street, laid out over the lot. Smith purchased one of the lots, and his conveyance described the lot as “ on Washington street, as the same shall hereafter be opened, .... and bounded on the south by said Washington street.” The plaintiff held by mesne conveyances from Smith. Subsequently Washington street, which had been laid out by the public…
1Opinion of the CourtCoulter, J.
The defendants were originally the owners of the ground on which Washington street was located, and they designated that street, being merely an extension of the plan of Southwark. The street, however, was adopted by the commissioners appointed, under the act of 1787, to lay out such and so many streets, lanes, &c., where proper streets, &c., are not already laid out. A plan or plot was made by the commissioners, which was duly recorded, as required by law; and Washington street became a public street or highway, subject to the eminent domain or transcendental authority of the state, in…
2Cited by7 opinions
- Stoever v. GowenSupreme Court of Pennsylvania · 1924
- In re Opening of Brooklyn StreetSupreme Court of Pennsylvania · 1888
- Tesson v. Porter Co.Supreme Court of Pennsylvania · 1913
- Fitzell v. PhiladelphiaSupreme Court of Pennsylvania · 1905
- Bliem v. DaubenspreckSupreme Court of Pennsylvania · 1895
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