Stuyvesant v. Mayor of New-York
New York Court of Chancery
This was an appeal from a decretal order of the late assistant vice chancellor of the first circuit, overruling a demurrer to the complainant’s bill for a specific performance. The complainant was .the owner of a large tract of land in the city of New-York, bounded by the first avenue on the east and by the third avenue on the west, and extending on both sides of the second avenue from Twelfth-street to Twentieth-street.
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This was an appeal from a decretal order of the late assistant vice chancellor of the first circuit, overruling a demurrer to the complainant’s bill for a specific performance. The complainant was .the owner of a large tract of land in the city of New-York, bounded by the first avenue on the east and by the third avenue on the west, and extending on both sides of the second avenue from Twelfth-street to Twentieth-street. In the spring of 1836, the complainant having proposed to cede to the corporation about sixty-four lots, in the centre of this tract, for the purposes of a public square, to…
1Opinion of the Court
The Chancellor.
The first objection to the complainant’s claim, to a specific performance, which is urged by the appellant’s counsel in this case, is that the conditional grant of the land, to the corporation, as stated in the complainant’s bill, is not *425a compliance with the fourth section of the act of May, 1836; so as to authorize the alteration of the map and plan of the city. The condition that the lands should revert to the grantor, in case they should not be used for the purposes of a square, does not appear to be inconsistent with the object and intention of the legislature. For, under…
2Cited by36 opinions
- Clark v. MartinSupreme Court of Pennsylvania · 1862
- Trustees of Union College v. City of New YorkNew York Court of Appeals · 1903
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Poet Clinton Railroad v. Cleveland & Toledo RailroadOhio Supreme Court · 1862
- Goodall v. MopleyIndiana Supreme Court · 1873
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