“LAUGHLIN, J. This is an action to recover, as for money had and received, pursuant to the provisions of section 18 of chapter 724 of the Laws of 1905, part of an award of $4,260 made to and received by the defendant for damage parcel 33 acquired by the city pursuant to said statute for the Hill View Reservoir at Yonkers. The parcel of land in question is part of a larger tract of land, all of which was owned by one Enoch R. Ware, the trustees of whose last will and testament caused the entire tract to be subdivided into lots and a map designating it as ‘Richmond Park belonging to the estate of E. R. Ware, deceased,’ to be made by H. H. Spindler, a civil engineer, and filed in the register’s office of the county of Westchester on the 2d day of August, 1890. The map showed numerous avenues, and among others, Ware avenue, 60 feet in width running in an easterly and westerly direction, and Linsly avenue, 50 feet in width running in a northerly and southerly direction. It also showed two adjoining subdivision lots numbered 24 and 25, together forming a rectangle 150 feet in width from east to west by 125 feet from north to south, and abutting on the south on Ware avenue and on the west on Linsly avenue.
On the 19th day of September, 1892, the trustees conveyed to the plaintiff those two lots, designating them, not by their numbers, but by metes and bounds, the exterior line running along the line between the lots and the avenues, and expressly conveyed all the right, title, and interest of the grantors and of said Ware at the time of his death ‘in and to the land embraced in the avenues in front of and adjoining the said premises in the middle line thereof subject to the right of the owners of the lots shown upon the said map to use the same as street or avenue and to whatever rights the public have in said avenue.’ Parcel 33 embraces the two lots and one-half of the avenues adjacent thereto…”
Reference Data:
New York Supplement, Vol. 145, by National Reporter System, NY (State), Superior Court (New York) New York (State) Court of Appeals, NY (State) Supreme Court, 1914, pages 797-8
