16 Barb. 160 | N.Y. Sup. Ct. | 1853
Mrs. Sizer, one of the plaintiffs, is one of the heirs at law of John Mappa, deceased; and she 6 seeks to recover in this action, for her share as such, the one-fourteenth part of a piece of land covered by a part of the building known as the Devereux block; and being a part of Hotel-street, in the city of Utica. The defendant owns the premises situated on both sides of the street opposite the piece of land in question. The plaintiff, however, insists that her ancestor never parted with the legal title to the site of the street; and that she, as his heir, is entitled to recover in this action her interest in it. Several questions were discussed on the argument, which we do not propose to examine. The case, we think, may be disposed of, without reference to them.
Hotel-street, in the city of Utica, was laid out as a public highway, and recorded in the office of the town clerk of the town of Whitestown, on the sixth day of April, 1801. Previous to the laying out of this highway, the proprietors of the tract had procured a survey to be made, and a map to be constructed, by Calvin Gruiteau, and filed with the clerk of the county, in which a space was laid off, for Hotel-street; and lots were laid out upon it; from which map sales were made to purchasers, and the lots were described in the deeds by reference to that map and survey. The premises in question consisted of parts of village lots 94 and 95, as designated on the map; and were respectively described as follows, in two deeds executed by the original proprietors, which title has descended through several mesne conveyances to the defendant, as was admitted on the
We are to, inquire what is the legal construction of deeds
There is another view of this question that leads to the same conclusion, and is equally conclusive in favor of the defendant. The description refers to the map made by Calvin Guiteau and on file in the office of the clerk of the county. That map is in evidence, and exhibits the premises in question as lying adjacent to Hotel-street. This map therefore is, by. legal in
There is only one objection to this result, which remains to be considered; and that is the fact that the distance given in the deeds would only carry the grant to .the side of Hotel-street, instead of carrying it to the center. This objection, it will be seen, is founded on the idea that whenever it appears by-the express words of the grant, or by a map which exhibits
Gridley, Pratt, W. F. Allen. and Hubbard, Justices.]
blew trial denied.