Inhabitants of Hohokus v. Erie Railroad

The opinion of the court was delivered by

Depue, Chief Justice.

The plaintiff brought an action of ejectment against the Erie Railroad Company for the recovery of the possession of a strip of land adjacent to its railroad, six hundred and fifty feet long and fifty feet wide for a part of its length, and twenty-five feet wide for the remainder, averring that the plaintiff’s right to possession accrued January 1st, 1892.' The defendant filed the statutory plea, defending for the entire tract.

Ezra Miller, deceased, on the 3d of April, 1880, became the owner of a tract of land called the “homestead…