Noyes v. Chapin
New York Supreme Court
Error from the Cortland common pleas. The plaintiffs declared in assumpsit for that the defendant, on, See. at, &c. in consideration that the plaintiffs, at the special instance and request of the defendant, would let a certain public road or highway be laid out, and run over and across the land of the plaintiffs, situate in, &c, and be opened, used, and enjoyed as a public highway, undertook, and then and there promised the plaintiffs to pay them a certain sum of money, to…
Read the full summary
Error from the Cortland common pleas. The plaintiffs declared in assumpsit for that the defendant, on, See. at, &c. in consideration that the plaintiffs, at the special instance and request of the defendant, would let a certain public road or highway be laid out, and run over and across the land of the plaintiffs, situate in, &c, and be opened, used, and enjoyed as a public highway, undertook, and then and there promised the plaintiffs to pay them a certain sum of money, to wit, the sum of $75. Then followed an averment that the plaintiffs permitted the said public road or highway to be laid…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question in this case is, whether the agreement between the parties is void by the statute of frauds. The substance of the tenth section of that statute is, that no interest in lands shall-be conveyed, unless by a writing, or by act and operation of law. By the 16th section of the act to regulate highways, 2 R. L. 275, it is declared that it shall not be lawful to lay out any road through improved land without the consent of the owner, unless upon the application of twelve freeholders, certifying *464upon oath that such road is necessary and proper. There is no…
2Cited by7 opinions
- Rash v. AllenSuperior Court of Delaware · 1910
- Tucker v. RankinNew York Supreme Court · 1853
- Whiting v. DudleyNew York Supreme Court · 1838
- Darnell v. StateSupreme Court of Arkansas · 1886
- Millerd v. ReevesMichigan Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.