Rexford v. Knight
New York Supreme Court
This was an action of ejectment, to recover a portion of the Brie canal as originally constructed. The complaint alleged that the plaintiffs were seised of the premises in question, situated in the town of Clifton Park, in the county of Saratoga) and that the defendant was in possession of the said real estate, and claimed to own and hold the same against the rights of the plaintiffs.
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This was an action of ejectment, to recover a portion of the Brie canal as originally constructed. The complaint alleged that the plaintiffs were seised of the premises in question, situated in the town of Clifton Park, in the county of Saratoga) and that the defendant was in possession of the said real estate, and claimed to own and hold the same against the rights of the plaintiffs. The plaintiff, Jemima Rexford, claimed to be possessed of one undivided third part of the premises as her reasonable dower as widow of Eleazer Rexford, her late husband, and claimed to recover possession…
1Opinion of the Court
By the Court, Willard, P. J.
The testimony shows that the premises sought to be recovered, were taken and appro? printed prior to 1822, for the Erie canal. A claim for damages was made by the former owner of the land, which was acted upon by the appraisers, and they decided that the benefits and advantages arising from the canal were equal to the loss and damage sustained by the claimant. This award was probably made prior to 1825. This adjudication had the same effect in passing the title to the state, as the award of damages followed up by the payment thereof to the claimant. (Laxos of 1817,…
2Cases cited1 opinion
- People v. Mayor of BrooklynNew York Supreme Court · 1849
3Cited by16 opinions
- Water Works Co. v. BurkhartIndiana Supreme Court · 1872
- Matter of City of New YorkNew York Court of Appeals · 1907
- Kahlen v. . State of New YorkNew York Court of Appeals · 1918
- Neitzel v. Spokane International Railway Co.Washington Supreme Court · 1911
- San Francisco, Alameda & Stockton R.R. v. CaldwellCalifornia Supreme Court · 1866
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