Heyward v. . the Mayor of New York
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the first district, where a decree had been made, in an equity case, dismissing the plaintiffs’ bill, with costs.
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Appeal from the general term of the Supreme Court, in the first district, where a decree had been made, in an equity case, dismissing the plaintiffs’ bill, with costs. (Reported below, 8 Barb. 486.) This was a suit in equity, commenced in the late court of chancery, for an account of the proceeds of certain lands originally taken by the corporation for an almshouse, under the delegated right of eminent domain, and subsequently diverted from that purpose, and sold by the city authorities to numerous purchasers. ^ *The corporation of the city of New York -* acquired title, by proceedings had…
1Opinion of the Court
*Welles, J.
There can be no it seems ^ ^ to me, but that the legislature intended, by the act under which the respondents claim to have acquired the lands, for the proceeds of the sales of which the appellants ask to have them render an account (Act of 21st April 1818, Laws 1818, c. 244, p. 255, &c.), that the entire estate of the owners of such lands should be - divested, and the whole interest and estate therein be vested in the respondents, upon all the provisions of the act having been complied with.
The act, after reciting that the mayor, aldermen and commonalty of the city of New York…
2Cases cited5 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Embury v. . ConnerNew York Court of Appeals · 1850
- Rexford v. . KnightNew York Court of Appeals · 1854
- Heard v. . City of BrooklynNew York Court of Appeals · 1875
- Gearty v. Mayor of New YorkNew York Supreme Court · 1875
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- Matter of Board of Water Supply of New YorkNew York Court of Appeals · 1938
- Water Works Co. v. BurkhartIndiana Supreme Court · 1872
- Matter of City of New YorkNew York Court of Appeals · 1907
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. CoburnIndiana Supreme Court · 1883
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