129 N.Y.S. 515 | N.Y. Sup. Ct. | 1911
On July 12, 1845, the Olean Land and Hydraulic 'Company executed a conveyance to William S. Miller of “All those twenty certain lots, pieces or parcels of land, situate in the Village of Olean, in the County of Cattaraugus, and known and described upon a certain map of the said village, made by J. T. Gosselien, surveyor, and filed in the office of the Clerk of the County of Cattaraugus, on or about the 28th day of December, 1836, as lots numbered from one to twenty, inclusive, in the block hounded on the north by State street and east by King street * * * Also block numbered * * """ 112, 113, * * * on the said map and all the streets bounding the said blocks on the north and east "* * * Also block numbers 92, 93 * * * on said map and all the streets bounding the said block on the east side, * * Upon the Gosselien map there referred to, block numbered 92 was bounded on the north by State street; on the east by Thirteenth street; on the south by Henley street; on the west by Fourteenth street. Block numbered 93 was bounded on the north by State street; on the east by Twelfth street; on the south by Henley street; and on
The filing of the Alderman map, eliminating Thirteenth itreet thereon, and the building of plaintiff’s dwelling-house tviithin the lines of Thirteenth street by Lawton in 1888 was not a revocation of the dedication of such lands as a street by the Olean Land and Hydraulic Company in 1845. A revocation could only be' made by the power creating such dedication, viz., the original grantor. Matter of Commis
Complaint dismissed, with costs.