Van Alstine v. Belden
Appellate Division of the Supreme Court of the State of New York
Appeal hy the defendants, Alvin J. Belden and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Onondaga on the 22d day of December, 1898, upon the verdict of a jury for $175, and also from an order entered in said clerk’s office on the 21st day of / December, 1898, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal hy the defendants, Alvin J. Belden and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Onondaga on the 22d day of December, 1898, upon the verdict of a jury for $175, and also from an order entered in said clerk’s office on the 21st day of / December, 1898, denying the defendants’ motion for a new trial made upon the minutes. Plaintiffs, as tenants in common, owned a farm in the town of Camillus, in the county of Onondaga, bordering on the Erie canal for a distance of 2,039T4,r feet. The defendants, in the…
1Opinion of the Court
Spring, J. :
The early acts of the Legislature, giving the Canal Commissioners of the State authority to take and appropriate any lands necessary for the construction and improvement of the canals, made no provision as to the manner in which possession should be taken or title acquired. (Laws of 1817, chap. 262, § 3; p. 302; R. S. pt. 1, chap. 9, tit. 9, § 16.)
By section 1 of chapter 352 of the Laws of 1849 it was enacted that when any tract was to be “ divided ” by the “ location or enlargement ” of any of the canals, and either portion was required, that “ the canal commissioner shall cause…
2Cases cited3 opinions
- Waller v. . StateNew York Court of Appeals · 1895
- City of Syracuse v. StaceyNew York Supreme Court · 1895
- Hayden v. . StateNew York Court of Appeals · 1892
3Cited by5 opinions
- American Woolen Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1921
- Rochford v. StateNew York Court of Claims · 1934
- Watson v. Empire Engineering Corp.New York Supreme Court · 1912
- United Traction Co. v. Ferguson Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Meneely v. Kinser Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909