Schaefer v. Hilliker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Martin Schaefer, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Kings on the 23d day of September, 1909, upon the decision of the court, rendered after a trial at the Kings County Trial Term, the jury having been discharged, dismissing the complaint upon the merits.
1Opinion of the Court
Thomas, J.:
Plaintiff refused to take title to land upon the ground that it was crossed by an old road of which the defendants had not, and the city of New York had, title. In this action to recover the deposit and expenses, the complaint alleges that the defendants, or any of their predecessors in title, did not have title in any part of the land included in the road, which was a Dutch road, identified as the Newtown and Bush wick turnpike road, and that the same was owned by the city of New York. The defendants deny. The plaintiff contends that he has proven the above allegations, and,…
2Cases cited1 opinion
- Caminez v. GoodmanAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by3 opinions
- Hilliker v. . RuegerNew York Court of Appeals · 1920
- Hilliker v. . RuegerNew York Court of Appeals · 1916
- Hilliker v. RuegerAppellate Division of the Supreme Court of the State of New York · 1914