The New York herald., 1878-02-22
THE COURTS.
Queer Conclusion to a Rather
Promising Suit.
FACILITATING CLIENTS.
An Effort to COnfiscate Tobacco
Ending in Smoke.
IN WALL S r r E T.

The Important suit OF Waidbridge against the city
mas just been decided favor Of tho city; the old
suit Of Russell ID. Miner which was revived Minors
death In The name Of his executrx. The action was
commenced In Octooer, 1859, the plaintiffs claim
being based, will be soen. rather peculiar state
OF facts. In April, 1874, tho Common Council directed
the unsold common lands" 10 be surveyed and laid
out In i've acre lots, which were subsequently, In
l797 sold at public auction. The lots conveyed wcrc
described by reference 10 the survey map, which
laid down certain proposed streets and roads.
Among these lots No 1l3, which was conveyed
to David wags.affe and described bounded on the
north and south by sixty feet In width, aud y
Ing between the East and Middle roads, tract which
may bo roughly described the block between
Seventy eighth and Seventy ninth streets, and Fourth
and Fifth avenues. Immediately on the south OF the
soutncry OF these two sxty-oot streets lay lot No.
14U, which sold by tho city at tbat time. In
1907, system adopted In LAYING out the
streets. some OF them, such as Fourteenth Twenty
third Thrtyfourth and other Streets being 100 feet
wide IN consequence the street Twenty -nine which
formed the southern boundary Of No. 143 shifted
ny seven feet 10 the north. The effect OF this was
that aityseven feet taken oil wagstae's lot Ior
ihe new street. and ntyscveB iect OF the old street
ceased 10 be sobect 10 the public use as highway.
VI this nfty-seven eet the souhcry thirty feet be-
tonged 10 the Guy as owner Of lot No. 40 and the
uorthcrly twenty seven ieet was claimed by the
Iomo.s span.or. .' Tnis NV .weutyseveS pyU.s feet M
the subject of dispute In tho present action,
nnd rs STRIP Of land OF that width covering the
entire front Of Seventy y.elghih street, from Fourth
70 Fifth avenue. This strip Was sold by the city in
May, 1866 The title OF wassage TO this tract passed
by successive conveyancss to Russell ID. Miner, who
com menced the present action TO recover the vaue
o the premises, slated at $500 000 with interest from
1865. which swells the total claim $3.50 000
After the sale by the corporation IN 1866 some
D the purchasers declined 10 take title account
Of the outstanding interest OF Masslae's granite s,
n IN ri n m nj i n IN tain
the then owner and negotiate with him lor
saIe OF his interest Mr. Rker found him the per-
clerk grocery store attending 10 sales, sweeping
out the store, attending TO odd chores ana occasion
terviews with him on July 1885, and the result was
that In consideration oi $25 be released his claim
me city THIS release plaintiff now contends TO have
fraudulent conceaments as to The nature and extent
OF his interest In tho properly AS to what happened
81 the interview, there ~ a conflict OF testimony
Miner says that gentleman came into the store In
hurry With paper IN bis hand and sad ''Is this Mr.
tion were making improvements on a back street,
and II Is necessary for TO sign your name II Is 10
Wooley.'" That Mr.. kiker told him IL was no benefit
merely form that he began TO read the paper
.na .na, bad oIiy read Two or .nres lines
sequences; that ne necdu't read IT that nothing
concerning him. and that then he signed his name
On cr0ss-e xaln NATION ne admitted That Mr.. Riker
told him that the land IN question was part of ola
street, ana that the oIjec. oi the application
enuOe Tue city OF new York 10 give warranty decu
and that bis (Mners) signature was necessary IN or
der 10 enable the city 10 make title 10 the lot. Mr.
Riker's account OF the interview Is that approach
Ing he store be saw man whom didn't know roll.
Ing barro OF potatoes from the door; that he asked
HIM II there was person there Of the name OF Rus
hel ID. Miner, and that the said II was he that
he Informed him that he had been employed by the
corporation 10 make search OF the title 10 the lots
that 1t appeared by the record that Wooey and Miner
had owned lot No. 143 which included the strip dis
pue; that he asked him II he or W00ley or wooley's
heirs now owned or.ctamcd any portion Of the laud,
tnd that he snid "No; none; that was settled long
ago." and that then he asked MIN II he would sign
release, when Miner said ho would do Riker SAID he
theQ went away, drew up release, brought IL back
read The descr pti0n carefully through aud asked
Mincr TO sign H. which he DID
On behalf OF The ci,y II WAS contended that Miner
had no title by reason oil detects some OF the
veyances through which he derived that when the
strip OF fityseven feet taken from the side
OF lot l43 the same lot gained hity feet to the
northward that Tho original grant Wagstae, being
bounded by street hliy feet wide did not the
midde Of the street, and. therefore; that he
owned the fee OF the twenyseven feet; tnat, II
hc did tho boundaries had boen fixed by practical
that Miner executed the release with his eyes open
aud that no fraud was praciisednpcn him In obtain
Ing H.. The was tried belofB Judge Freeman and
ajury IN January, 1871 and Tho complaint was dis
missed the ground that plainrf had title to the
premises This ruling was reversed at General Term,
referred 10 Hamilton Cole, who has just rendered
decision for the defendants As 10 the allegation OF
fraudulent concealment on tho part Of Mr. Rker, the
referee says In his report that this gentlemans coz
duct was perfectly honorable and and
IN every way consistent with the highest integrity.
Assistant Corporation Counsel Francis L. Stelson ap
peared for the city.