Badeau v. Mead
New York Supreme Court
The defendant Mead owned a piece of ground in 1849, adjacent to the village of New Rochelle, and bounded on one side by the road from that village to White Plains, and on another side by the New-York and New Haven railroad. This piece of ground the defendant Mead caused to be surveyed and laid out into village lots, for the purpose of selling the same at auction.
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The defendant Mead owned a piece of ground in 1849, adjacent to the village of New Rochelle, and bounded on one side by the road from that village to White Plains, and on another side by the New-York and New Haven railroad. This piece of ground the defendant Mead caused to be surveyed and laid out into village lots, for the purpose of selling the same at auction. A map of the ground was made and filed in the office of the clerk of the county of Westchester, which map was afterwards referred to, in subsequent conveyances, for descriptions of the lots sold. On this map were laid down three…
1Opinion of the CourtS. B. Strong, J.
The plaintiff does not complain of the continuance of the fence across Garden-street, at its junction with the White Plains road, as a grievance, but simply states the fact as a part of his history of the case. Neither does he ask for its removal. It is therefore unnecessary to consider whether such continuance is an infringement of the rights acquired by his deed; and the referee erred in directing the defendant Mead to remove all obstructions in that street. Neither does the complaint rely upon any verbal representations made by Mead, or the auctioneer, at the time of the sale, or in any…
2Cases cited2 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
3Cited by27 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- People v. JonesMichigan Supreme Court · 1858
- Bartlett v. City of BangorSupreme Judicial Court of Maine · 1878
- Green v. Town of CanaanSupreme Court of Connecticut · 1860
- Cox v. . JamesNew York Court of Appeals · 1871
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