Legal Opinion

Heyward v. Mayor of New-York

New York Supreme Court

Decided May 6, 1850PublishedCited by 5 opinions

In Equity. The bill in this cause was filed in the court of chancery, before the vice chancellor of the first circuit, on the 29th of June, 1846. An answer was put in, and a general replication was filed, and proofs were taken. The nature and object of the bill, and the facts appearing from the pleadings and proofs, together with the legal questions arising thereon, are stated in the opinion of the court.

1Opinion of the Court

By the Court, Edwards, J.

In the year 1818, the defendants in this suit were seised and possessed of certain lands and premises situated in the then ninth ward of the city, which were *487used and occupied for an almshouse establishment. At that time the wants of the city were supposed to require that the establishment should be enlarged, and that lands lying contiguous thereto should be taken for that purpose. In reference to this supposed necessity, a memorial was presented to the legislature; and on the 21st of April, 1818, an act was passed authorizing the defendants to take posssession of the…

2Cases cited6 opinions

  1. Wilkinson v. LelandSupreme Court of the United States · 1829
  2. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  3. Lee v. TillotsonNew York Supreme Court · 1840
  4. Clay v. SmithSupreme Court of the United States · 1830
  5. Hooker v. Utica & Minden Turnpike Road Co.New York Supreme Court · 1834

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3Cited by5 opinions

  1. Water Works Co. v. BurkhartIndiana Supreme Court · 1872
  2. Harrison v. Board of Supervisors of Milwaukee CountyWisconsin Supreme Court · 1881
  3. Bartow v. DraperThe Superior Court of New York City · 1855
  4. Dugan v. Mayor of BaltimoreBaltimore City Circuit Court · 1905
  5. Succession of HeaviaSupreme Court of Louisiana · 1876

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