Legal Opinion

New York Central & Hudson River Railroad v. Brennan

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1896PublishedCited by 1 opinion

Appeal from trial term, Onondaga county. Action by the New York Central & Hudson River Railroad Company against John Brennan and Margaret Brennan to recover possession of certain real property. From a judgment dismissing the complaint on the merits, plaintiff appeals.

1Opinion of the CourtFollett, J.

This action (ejectment) was begun July 13, 1893, to recover part of lot No. 8 and all of lot No. 9 in block 195 in the city of Syracuse, and for damages for the unlawful withholding thereof. The plaintiff alleges in its complaint that it is the owner in fee of the premises. The defendants, in their answer, deny that, the plaintiff is the owner in fee, and allege that they are the owners of the fee of the premises. At the beginning of the discussion about the rights of these litigants the defendants meet the plaintiff with the assertion that the long line of conveyances beginning with the…

2Cases cited5 opinions

  1. La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
  2. Barnes v. . LightNew York Court of Appeals · 1889
  3. Bonaffon v. PetersSupreme Court of Pennsylvania · 1890
  4. Bates v. Lidgerwood Manuf'g Co.New York Supreme Court · 1888
  5. Dominy v. MillerNew York Supreme Court · 1861

3Cited by1 opinion

  1. Liebetrut v. GaskinAppellate Division of the Supreme Court of the State of New York · 1898

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