Legal Opinion

In re Hunter

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1900PublishedCited by 1 opinion

Appeal by the petitioner, Margaret A. Hunter, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 7th day of August, 1899, denying her application to have an assessment for the construction of a sewer in Rawson street, so called, and Third street, in the city of Albany, vacated for substantial error.

1Opinion of the Court

Parker, P. J.:

From the evidence in this case, I am satisfied that the deceased husband of the petitioner, from whom she derives her title, Andrew R. Hunter, intended to revoke the dedication of Rawson street, as ■designated on the map of 1873, between Third street and Livingston avenue, and to substitute in its place the street as laid down on the map of 1889. I should doubt the sufficiency of the evidence to support this conclusion, were it not for the fact that Hunter caused the precise street, as laid down on that map, to be located upon the ground and inclosed with a fence upon either…

2Cases cited3 opinions

  1. Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
  2. People v. . UnderhillNew York Court of Appeals · 1895
  3. Eckerson v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by1 opinion

  1. Davis v. UpsonIllinois Supreme Court · 1907

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