Legal Opinion

In re John

New York Supreme Court

Decided May 15, 1839PublishedCited by 51 opinions

Proceedings were had for the purpose of enlarging, straightening and improving John and Cherry-streets ; and in reference to the first street, for the purpose of dosing up parts thereof and transferring the/ee of the portions discontinued to the corporation of the city of New-York.

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Proceedings were had for the purpose of enlarging, straightening and improving John and Cherry-streets ; and in reference to the first street, for the purpose of dosing up parts thereof and transferring the/ee of the portions discontinued to the corporation of the city of New-York. On the coming in of the report of the commissioners of estimate and assessment, at the special term in December last, its confirmation was moved for, which motion was opposed by counsel in behalf of various objectors. The facts upon which the questions, which were debated arose, appear in the opinion of the court.

1Opinion of the Court

*661 By the Court,

Co wen, J.

First as to John Street. I. C. Stockton Halsted, in behalf of Magdalena Hughes, objects to that branch of the report which takes for the purpose of this street one sixth, being her undivided interest in certain lands, and awards her share of the damage, $1338,33 to James J. Roosevelt & Son, as the mortgagees of her and her husband. She is the daughter of Ahasueras Turk, deceased, who, in 1806, devised this land in fee to her and five others, in remainder after the death of her mother, who died September 4, 1837. In order to facilitate the division, the will provided…

2Cases cited6 opinions

  1. Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Commonwealth v. Justices of the Court of SessionsMassachusetts Supreme Judicial Court · 1809
  3. In re Mayor of New-YorkNew York Supreme Court · 1828
  4. Hooker v. Utica & Minden Turnpike Road Co.New York Supreme Court · 1834
  5. In re the Mayor of New-YorkNew York Supreme Court · 1830

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3Cited by51 opinions

  1. The People v. . KerrNew York Court of Appeals · 1863
  2. Embury v. . ConnerNew York Court of Appeals · 1850
  3. Sears v. CottrellMichigan Supreme Court · 1858
  4. Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
  5. Varner v. MartinWest Virginia Supreme Court · 1883

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