Legal Opinion

Fearing v. Irwin

New York Court of Common Pleas

Decided February 15, 1873PublishedCited by 7 opinions

Case agreed upon and submitted in a controversy without action. The facts, as stated in the case agreed upon, are as follows: In the year 1860, Daniel B. Fearing, deceased (under whose will the plaintiffs were executors, with a power of sale in reference to the premises in question), became possessed in fee, by purchase, of th.e following described premises: “ Certain lots of land situate in the Twelfth Ward of the city of New York, known as numbers 479, 480, 295, 296, 297,…

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Case agreed upon and submitted in a controversy without action. The facts, as stated in the case agreed upon, are as follows: In the year 1860, Daniel B. Fearing, deceased (under whose will the plaintiffs were executors, with a power of sale in reference to the premises in question), became possessed in fee, by purchase, of th.e following described premises: “ Certain lots of land situate in the Twelfth Ward of the city of New York, known as numbers 479, 480, 295, 296, 297, 298, 299 and 300, on Map of Lands in the city of New York, known as ‘ Elm-wood,’ belonging to the estate of Herman…

1Opinion of the Court

By the Coubt.*—Joseph F. Daly, J.

—It is necessary to consider separately the questions submitted with respect to Bloomingdale road and Apthorp’s lane.

*389As to the lots 15 and 16, involving the title to Bloomingdale road, it appears from the description of the premises in the deed to the plaintiffs’ testator, that Daniel B. Fearing was never seized of the fee to the center of Bloomingdale road. It is admitted in the case, that when the Bloomingdale road shall be closed by law, the title to lots 15 and 16, being the abutting half of the same, will revert to the estate of Daniel B. Fearing, as the…

2Cases cited2 opinions

  1. The People v. . KerrNew York Court of Appeals · 1863
  2. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865

3Cited by7 opinions

  1. Patten v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1876
  2. Mitchell v. EinsteinAppellate Division of the Supreme Court of the State of New York · 1905
  3. Mitchell v. EinsteinNew York Supreme Court · 1904
  4. Conway v. MayorNew York Court of Common Pleas · 1879
  5. Gates v. DundonNew York Court of Common Pleas · 1892

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