People ex rel. Commissioners of Highways of Cortlandville v. Judges of Cortland County
New York Supreme Court
Certiorari to three judges of the county of Cortland. On the 6th July, 1839, the commissioners of highways of the town of Cortlandville, made an order, adjudging that a certain road in that town, particularly designated, had been used as a public highway for twenty years, but had not been recorded; and they thereupon proceeded to ascertain, describe and enter the road of record in the town clerk’s office.
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Certiorari to three judges of the county of Cortland. On the 6th July, 1839, the commissioners of highways of the town of Cortlandville, made an order, adjudging that a certain road in that town, particularly designated, had been used as a public highway for twenty years, but had not been recorded; and they thereupon proceeded to ascertain, describe and enter the road of record in the town clerk’s office. Nathan Peck, conceiving himself aggrieved by the determination of the commissioners, appealed to the judges, who, after notice and hearing of the parties, made an order on the 15th November,…
1Opinion of the Court
The following opinion was delivered:
By Bronson, J.
The legislature has enacted, what the common law had already declared, that roads, although not recorded, which have been used as public highways for twenty years, shall be deemed public highways. 1 R. S. 521, § 100. And it is the duty of the commissioners in the several towns, to cause such roads to be ascertained, described and entered of record in the town clerk’s office. Id. 501, § 1, sub. 3. This provision does not authorize the commissioners to say what was “ originally intended,” either by the owner of the soil or any one else, in…
2Cited by4 opinions
- Freshour v. HihnCalifornia Supreme Court · 1893
- Marvin v. PardeeNew York Supreme Court · 1872
- Hickok v. Trustees of PlattsburghNew York Supreme Court · 1863
- Borries v. HortonNew York Supreme Court · 1878