Brooklyn Park Commissioners v. Armstrong
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the Second department, rendered in favor of the plaintiffs,'in a controversy submitted under section 372 of the Code. The plaintiffs representing the city of Brooklyn, acquired by the right of eminent domain, a certain tract of land in that city for a public park.
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Appeal from a judgment of the General Term of the Supreme Court in the Second department, rendered in favor of the plaintiffs,'in a controversy submitted under section 372 of the Code. The plaintiffs representing the city of Brooklyn, acquired by the right of eminent domain, a certain tract of land in that city for a public park. They sold one lot of the tract to the defendant, who refused to take the title, on the ground that the city had not the power to convey a clear title in fee, free from all incumbrances; and this action was brought as a test case to try the title. By an act of the…
1Opinion of the CourtFolger, J.
The act of 1861 conferred upon the city of Brooklyn the power of acquiring a right in the lands in question in this case. By the proceedings under the act, the city did, in fact, obtain all the interest and title which, by the terms of the law, it was empowered to acquire. The just compensation to the private owner was awarded; the award was confirmed by judicial authority; the sum of it paid to him, "and by him accepted. His acceptance was a renunciation of the constitutional provision made for his benefit, and an assent to the taking of the land, even if there were any question as to the…
2Cases cited12 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Embury v. . ConnerNew York Court of Appeals · 1850
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852
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3Cited by181 opinions
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
- Davis v. MassachusettsSupreme Court of the United States · 1897
- Sweet v. RechelSupreme Court of the United States · 1895
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
176 more not listed; retrieve them via the Exa API.