Rose v. . Hawley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 1, 1887, which reversed a judgment in favor of plaintiff, entered upon a trial by the court without a jury, and granted a new trial. This was an action of ejectment.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 1, 1887, which reversed a judgment in favor of plaintiff, entered upon a trial by the court without a jury, and granted a new trial. This was an action of ejectment. On December 30, 1848, the plaintiff, by a deed to the town of Yonkers in the county of Westchester, expressing a consideration of $700, conveyed a parcel of land situate in the village of Yonkers bounded as follows: “ Beginning at the easterly side of the old Hew York and Albany Post road at the south-west corner of the piazza…
1Opinion of the CourtBradley, J.
The nature and purpose of the conveyance by the plaintiff to the town of Yonkers were to devote the premises to the use of the public for a highway. In accepting the deed, the town assumed the duty of' observing the trust. This duty was due to the public for whose benefit the conveyance was made, which, in practical effect, dedicated to it the easement protected by title in the town and guarded by the terms of the grant. The then unincorporated village was afterward incorporated (Laws of 1855, chap. 331), and later as a city (Laws of 1872, chap. 866), and vested in it were all rights of…
2Cases cited2 opinions
- Craig v. . WellsNew York Court of Appeals · 1854
- Broadway v. StateIndiana Supreme Court · 1846
3Cited by11 opinions
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- Rose v. . HawleyNew York Court of Appeals · 1894
- In re the Estate of GoehringerNew York Surrogate's Court · 1972
- In re Syracuse UniversityNew York Supreme Court · 1955
- People v. HoytAppellate Division of the Supreme Court of the State of New York · 1911
6 more not listed; retrieve them via the Exa API.