Stephens v. Buffalo & New York City Rail Road
New York Supreme Court
THIS was an action of ejectment, brought to recover the possession'of a strip of land, sixty-six feet wide, occupied by the defendants’ rail road. The cause was tried before Justice Johnson, and a jury, at the Steuben circuit, in November, 1853, and a verdict was rendered in favor of the plaintiff. The defendants took exceptions to the rulings on the trial, and they, under an order of the court, were directed to be heard, in the first instance, at the general term.
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THIS was an action of ejectment, brought to recover the possession'of a strip of land, sixty-six feet wide, occupied by the defendants’ rail road. The cause was tried before Justice Johnson, and a jury, at the Steuben circuit, in November, 1853, and a verdict was rendered in favor of the plaintiff. The defendants took exceptions to the rulings on the trial, and they, under an order of the court, were directed to be heard, in the first instance, at the general term. The plaintiff proved that the defendants were in possession of the premises in question. The defendants claimed the right to such…
1Opinion of the Court
By the Court, T. R. Strong, J.
Delivery is essential to the validity of a deed or contract; and it is always competent *338to show by parol that there has not been a delivery. (Roberts v. Jackson, 1 Wend. 478. Clark v. Gifford, 10 id. 310. Gilbert v. N. Amer. Fire Ins. Co., 23 id. 43. The Lady Superior v. McNamara, 3 Barb. Ch. Rep. 375.) There can be no delivery without an acceptance by the party who is to receive it. (Jackson v. Phipps, 12 John. 418. Church v. Gilman, 15 Wend. 656. Crosby v. Hilyer, 24 Wend. 280. Jackson v. Bodle, 20 John. 184. Jackson v. Richards, 6 Cowen, 617.) The proof on the…
2Cases cited5 opinions
- Church v. GilmanNew York Supreme Court · 1836
- Jackson ex dem. Eames v. PhippsNew York Supreme Court · 1815
- Roberts v. Jackson, ex dem. WebbNew York Supreme Court · 1828
- Lady Superior of the Congregational Nunnery of Montreal v. McNamaraNew York Court of Chancery · 1848
- Jackson ex dem. Pintard v. BodleNew York Supreme Court · 1822
3Cited by5 opinions
- Sutton v. WeberSupreme Court of Iowa · 1904
- Van Valen v. SchemerhornNew York Supreme Court · 1862
- Derry Bank v. WebsterSupreme Court of New Hampshire · 1860
- Richards v. Merrimack & Connecticut River RailroadSupreme Court of New Hampshire · 1860
- Jones v. SwayzeSupreme Court of New Jersey · 1880