Stillwell v. Morley

This is a motion by defendant for summary judgment pursuant to CPLR 3212. It is conceded no fact is in dispute and only a question of law is presented.

The action was brought for judgment declaring plaintiff to be the owner, and entitled to immediate possession, of certain described lands in the Town of Oswegatchie, St. Lawrence County formerly used for the purpose of a railroad line, and to recover damages for the alleged wrongful withholding of the premises from plaintiff.

Plaintiff asserts his right to possession by virtue of two instruments, one designated “an agreement ” and the other an…