2 Paige Ch. 84 | New York Court of Chancery | 1830
From the admissions in the answer, and the testimony, in this cause, there can be no doubt as to' the intentions and object of P. Stuyvesant and • J. Quick at the time the conveyances of April, 1797, were executed. It was not the intention of either party to vest the’ title to the land included in Quick and Rensselaer-streets absolutely in Stuyvesant for his Own use, or for any other purpose than that of opening a street over the same for the mutual accommodation of both parties. For the lands which Quick acquired under that arrangement, Stuyvesant received a full equivalent in the two pieces, at the north end and' on the rear of the south end of Quick’s land, which were conveyed to him for his own use. From the situation and value of the property, it is not; probable that Quick would have consented to an exchange of lands, even to that extent, if he had not contemplated a greater benefit to his remaining-property by the opening of the proposed streets.', The particular mode in which ,the parties attempted to carry into effect their arrangement cannot alter their equitable rights, although the legal title to. the land intended for the streets became thereby vested in Stuyvesant. If the manner of conveying had been reversed, and the legal title to the streets, through the Bowery farrri to the East river, had been vested in Quick for the same object, the injustice of retaining that portion of the land for other purposes might have been more apparent; but the equity of the case would have been the same. The' event which has happened was not contemplated by either of the parties at the time, and therefore was not provided for'by their agreement. By an act of the government over which they had no control, the parties were prohibited from laying out and opening the con-, templated streets. If such an event had-been foreseen, it ■ would unquestionably have been provided for in the conveyances. Courts of common law cannot supply defects of will,' or rectify mistakes in written agreements or conveyances. Hence, with respect to matters of this kind, results the necessity of a court of equity, which, authorized'by the-principles of justice, ventures, to correct words by circumstances, and to supply omissions in will, by conjecturing what would have been the will, of the parties had they foreseen the event. This, in
In this case if the street had been laid out and opened as originally intended by the parties, Quick would have had three valuable corner lots fronting on the Bowery. Lane. By
The remedy of the complainant is not barred by a lapse, of time. Previous to the decision of the commissioner's in 1811, Quick had no right to ask for ■ a" conveyance, as. it could not be known before the plan of the city was completed and filed that they would not adopt the .location of the streets as made by the parties in 1797. I do not understand that there has been any adverse possession, strictly speaking, since that time. The property was, occupied together until the opening of the streets and avenue, in 1824. -The heirs of Quick asserted their claim to these lands by their partition deeds in 1816. The right of ,the complainant to the strip of land now in controversy was'- again asserted in 1826, arid by the subsequent erection of a hWse thereon. I do not notice the allegation in the answer, that the defendant paid the assessment ori the strip of land in dispute-for the expense of laying out and opening Fourth-street, as it does not appear to
The result of my investigation in this case is, that, the compiainant is entitled to a reconveyance of the premises in con-, troversy, north of and adjoining Fourth-street, which' formerly belonged to Johannes Quick, and to; his costs in this suit to be taxed. And the injunction heretofore granted in this cause must be made perpetual. .