Penley v. City of Auburn
Supreme Judicial Court of Maine
On exceptions. This was an action of covenant broken. The declaration alleges that the defendant city, on the 11th day of March, 1889, in consideration of the conveyance to it by Frances C. Little and others of a strip of land on the westerly side of Main street in said city, to be used in straightening and widening said Main street, covenanted and agreed with the said Frances C. Little and others, "to cause the land on the opposite side of said Main street, which had before…
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On exceptions. This was an action of covenant broken. The declaration alleges that the defendant city, on the 11th day of March, 1889, in consideration of the conveyance to it by Frances C. Little and others of a strip of land on the westerly side of Main street in said city, to be used in straightening and widening said Main street, covenanted and agreed with the said Frances C. Little and others, "to cause the land on the opposite side of said Main street, which had before that time been occupied partly by adjacent land owners for private uses, to be taken and used for a street, according…
1Opinion of the CourtHaskell, J.
A street in Auburn was incumbered on one side by buildings projecting into it. On the other side, the abuttors deeded a narrow strip of land to the city as a consideration for its covenant to remove these buildings from within the street and keep the same open and wrought its whole length, including the strip of land conveyed to it. ■ In a suit upon the covenant, it is objected that it was ultra vires and is void.
The objection is well taken. If public convenience and necessity required the street to be kept open its whole width, it was the duty of the city to keep it so. If not, the city was…
2Cases cited6 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Salt Lake City v. HollisterSupreme Court of the United States · 1886
- Green Bay & Minnesota Railroad v. Union Steamboat Co.Supreme Court of the United States · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- County of San Diego v. California Water & Telephone Co.California Supreme Court · 1947
- Village of Grosse Pointe Shores v. AyresMichigan Supreme Court · 1931
- Charlton v. Town of OxfordSupreme Judicial Court of Maine · 2001
- State ex rel. Townsend v. Board of Park CommissionersSupreme Court of Minnesota · 1907
- Field v. City of ShawneeSupreme Court of Oklahoma · 1898
5 more not listed; retrieve them via the Exa API.