Moseley v. Albany Northern Railroad
New York Supreme Court
Motion by plaintiff to amend the proceedings by adding, “ The Albany, Vermont and Canada Railroad Company,” as defendant.
Read the full summary
Motion by plaintiff to amend the proceedings by adding, “ The Albany, Vermont and Canada Railroad Company,” as defendant. The affidavit on which the motion was founded stated, that the action was for the recovery of possession of real estate; and; that, since the commencement of the suit, “The Albany Northern Railroad Company, with all its appurtenances and property, had been sold at auction, and was, including the land in dispute, transferred to one Burden, and that he had sold and transferred the same to a compan) organized by the name of “The Albany, Vermont and Canada Railroad Company.”'…
1Opinion of the Court
Paige, Justice.
The affidavit on which this motion is founded does not state the nature of the title which “The Albany, Vermont and Canada Railroad Company” acquired under their purchase from Burden, or the title Burden acquired at the auction sale, nor does it state whether either succeeded to the possession of “ The Albany Northern Railroad Company.” The title acquired by Burden, and sold by him to “ The Albany, Vermont and Canada Railroad Company,” may have been paramount to that of the plaintiff, and may not have been derived from “The Albany Northern Railroad Company;” and Burden and “…
2Cases cited2 opinions
- Mills v. HoagNew York Court of Chancery · 1837
- James v. BennettNew York Supreme Court · 1833
3Cited by2 opinions
- Mosely v. MoselyNew York Supreme Court · 1860
- Mulligan v. O'BrienNew York Supreme Court · 1907