Riley v. . the City of Rochester
New York Court of Appeals
This was an action of trespass brought in August, 1847, in the supreme court, for entering upon, the land of the plaintiff, situated in the city of Rochester, and laying out and maintaining a highway thereon.
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This was an action of trespass brought in August, 1847, in the supreme court, for entering upon, the land of the plaintiff, situated in the city of Rochester, and laying out and maintaining a highway thereon. The plea averred that the land in question was conveyed in December,. 1827, by Josiah Bissell and Enos Stone, then seized and in possession thereof, to the trustees of the village of Rochester, “ for the sole and only use, and trust, and confidence, that the two several above described parcels of land shall forever hereafter be used, occupied and enjoyed as public streets for the use of…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In the view I have taken of this case the judgment of the court below cannot be sustained. The trustees of the village of Rochester exceeded their power when they attempted to take title to the land in question. Chancellor KENT says: "The inference from the statutes creating corporations and authorizing them to hold real estate to a certain limited extent is that our statute corporations cannot take and hold real estate for purposes foreign to their…
2Cases cited1 opinion
- Town of North-Hempstead v. Town of HempsteadCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by10 opinions
- Robertson v. BaxterMichigan Supreme Court · 1885
- Schneider v. City of MenashaWisconsin Supreme Court · 1903
- Mack v. Town of CraigSupreme Court of Colorado · 1920
- Duncan v. City of LynchburgSupreme Court of Virginia · 1900
- Moore v. Rector of St. Thomas'New York Supreme Court · 1873
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