In re Adams

• Decision Date: 27 February 1894
• Citation: 36 N.E. 318,141 N.Y. 297
• Parties: In re ADAMS, Commissioner.
• Court: New York Court of Appeals Court of Appeals

141 N.Y. 297

36 N.E. 318

In re ADAMS, Commissioner.

Court of Appeals of New York.

Feb. 27, 1894.

Appeal from supreme court, general term, second department.

Application by John P. Adams, as commissioner of public works of the city of Brooklyn, to acquire land for street purposes in Fifty-First street, between Third and Fourth avenues. From a judgment of the general term (26 N. Y. Supp. 422) reversing an order denying a motion to confirm the report of the commissioners appointed to appraise the land, awarding nominal damages, the executor of the will of Thomas Hunt, deceased, appeals. Affirmed.

James C. Bergen, for appellant.

Almet F. Jenks, for respondent.

O'BRIEN, J.

The municipal authorities of Brooklyn instituted proceedings under chapter 365 of the Laws of 1889, as amended by chapter 452 of the Laws of 1890, to acquire title to lands for street purposes within the lines of Fifty-First street, between Third and Fourth avenues, as laid out upon the commissioners' map. This land formerly belonged to Thomas Hunt, who died in the year 1878, leaving a will, and his executor claimed substantial damages for the taking of the land, but the commissioners of appraisal awarded only nominal damages. The court at special term refused to confirm the report of the commissioners, and it was set aside, but the general term reversed the order, and confirmed the report, and the executor of Hunt has appealed from the order of reversal to this court.

Hunt purchased the lands in question for farming purposes as early as 1834. In 1835 or 1836, commissioners appointed pursuant to the provisions of chapter 132 of the Laws of 1835 made and filed a map showing the location of the city streets, and the lines of Fifty-First street, as shown upon this map, include the lands now sought to be acquired. The street, however, was never actually opened or regulated. In 1851, Hunt conveyed the adjoining lands, by deed, under the following description and the following reservation: ‘Beginning at the northeast corner of Third avenue and Fifty-First street; running thence northerly along the line of said avenue to lands of Calvin T. Spear; thence east along the lands last mentioned, 740 feet, to the center of Fourth avenue; thence south along the center of Fourth avenue, 100 feet, to the northerly line of Fifty-First street; 740 feet, to the place of beginning,’-and contained the following clause: ‘Not intending hereby to convey to the party of the second part any right, title, or interest of, in, or to the land adjoining the said premises, and forming a part of Fifty-First street.’ In 1864 the department of assessment of the city made and filed a map of the Eighth ward, in which the lands in question are located, for the purpose of assessment, and the lands are thus laid out, and Fifty-First street appears substantially as in the map of 1835. Since this map was filed, no assessment was made, or tax levied, upon that part of the lands of Hunt embraced within the lines of Fifty-First street by the city or county. After the death of Hunt, his executor, in June, 1879, filed a map of the lands, laying them off in blocks, lots, and streets corresponding to the commissioners' map. There was indorsed upon this map, however, a notice to the effect that the streets and avenues thereon designated were for the purposes of description and reference only, and it was not intended to dedicate any of the lands lying within...