Adams v. Saratoga & Washington Railroad
New York Supreme Court
This was an action of ejectment, commenced on the 25th February, 1848, to recover possession of two several parcels of land in the town of Whitehall, in the county of Washington. The declaration contained several counts, and the plea was the general issue ; and no question arose upon the pleadings. The cause was tried before Willard, justice, at the December circuit, 1849, in Washington county.
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This was an action of ejectment, commenced on the 25th February, 1848, to recover possession of two several parcels of land in the town of Whitehall, in the county of Washington. The declaration contained several counts, and the plea was the general issue ; and no question arose upon the pleadings. The cause was tried before Willard, justice, at the December circuit, 1849, in Washington county. The first piece of land sought to be recovered, is that part of Church-street, in the village of Whitehall, which the defendants occupy for the tracks of their railroad, and through a part of which…
1Opinion of the Court
By the Court,
Willard, P. J.
The facts disclosed by the evidence, present a plain case of dedication for the purpose of a public street. The adjoining lots were laid out and sold with reference to that object; and they have been improved by the *450present owners, by the erection thereon of permanent and elegant buildings. It is now one of the most important streets in the village of Whitehall. A dedication thus made and acquiesced in, can not be revoked. And it is not competent for the party making it, to reassert any right over the land; at all events, so long as it remains in public use. (In the…
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- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Peck v. SmithSupreme Court of Connecticut · 1814
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3Cited by23 opinions
- Buntin v. City of DanvilleSupreme Court of Virginia · 1896
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Warren v. MayorSupreme Court of Iowa · 1867
- Arbenz v. Wheeling & H. R. Co.West Virginia Supreme Court · 1889
- Sears v. CrockerMassachusetts Supreme Judicial Court · 1904
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