Legal Opinion

Schade v. City of Albany

New York Circuit Court, Albany County

Decided February 26, 1891PublishedCited by 3 opinions

This was an action commenced by Charles Schade for the purpose of restraining by injunction the city of Albany from removing certain buildings, sheds, fences, and other structures erected by the plaintiff during the year 1886, and thereafter maintained by him on certain lands described in the complaint, a portion of which the defendant claimed to be a continuation of one of the public streets of the city of Albany known as “Elk Street. ” The claim made by defendant was…

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This was an action commenced by Charles Schade for the purpose of restraining by injunction the city of Albany from removing certain buildings, sheds, fences, and other structures erected by the plaintiff during the year 1886, and thereafter maintained by him on certain lands described in the complaint, a portion of which the defendant claimed to be a continuation of one of the public streets of the city of Albany known as “Elk Street. ” The claim made by defendant was contested by plaintiff, who insisted that the land referred to was his private property, and the question litigated was…

1Opinion of the CourtPutnam, J.

The evidence shows that defendant, in 1781, being the owner of a tract of land embracing the lot now owned by plaintiff, conveyed the same to the Beformed Protestant Dutch Church, with the following reservation: “Always excepting and reserving full liberty and license for the mayor, aldermen, and commonalty of the said city, or the majority part of them, and their successors hereafter, to lay out roads and streets through the above-granted lands, as to them shall seem most convenient.” On October 25, 1848, said Reformed Protestant Dutch Church conveyed a portion of the same premises to the…

2Cases cited6 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  3. Driggs v. . PhillipsNew York Court of Appeals · 1886
  4. Bridges v. . WyckoffNew York Court of Appeals · 1876
  5. In re Commissioners of Public ParksNew York Supreme Court · 1889

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Knox v. RoehlWisconsin Supreme Court · 1913
  2. May v. City of BrooklynNew York City Court · 1892
  3. May v. City of BrooklynNew York City Court · 1892

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