Petitioner Bounds, as Superintendent of Highways of the Town of Smithfield, instituted this proceeding in the Madison County Court to acquire lands for a town highway in pursuance of section 173 of the Highway Law. His petition alleged that the appellants owned certain lands described by parcels; that such lands were "necessary to be acquired for the proposed town highway and not subject to acquisition by voluntary dedication and release or by purchase from the owners"; that...
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