Tinkham v. Erie Railway Co.
New York Supreme Court
THE plaintiffs were nonsuited at the Tioga circuit in March, 1665, and after judgment was entered against them for costs, they appealed to the general term of this court.
1Opinion of the Court
By the Court, Balcom, J.
The defendant occupies the land in dispute, in virtue of a title derived under a deed given hy John B. Drake to the Hew York and Erie Railroad Company; which deed contains this clause, namely: “ To have and to hold the above granted and described premises, with the appurtenances, unto the said party of the second part, their successors and assigns forever; only, however, for purposes connected with the legitimate business of said Hew York and Erie Railroad Company; to have and to hold as aforesaid all that part of the above described premises lying easterly of McMaster…
2Cases cited2 opinions
- Ludlow v. New-York & Harlem RailroadNew York Supreme Court · 1852
- Hooper v. CummingsSupreme Judicial Court of Maine · 1858
3Cited by6 opinions
- Berenbroick v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 1897
- Fausett v. GuisewhiteAppellate Division of the Supreme Court of the State of New York · 1962
- O'Connor v. City of Saratoga SpringsNew York Supreme Court · 1933
- Curran v. SearsNew York Surrogate's Court · 1877
- Currin v. FanningNew York Supreme Court · 1878
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