Sweet v. Buffalo, New York & Philadelphia Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 13 Hun, 643.) This was an action of ejectment to recover possession of certain premises in the city of Buffalo, over which defendant, under a license or permit from the common council, had laid its track.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 13 Hun, 643.) This was an action of ejectment to recover possession of certain premises in the city of Buffalo, over which defendant, under a license or permit from the common council, had laid its track. The land in question had been taken by the city under and by virtue of proceedings under the act chapter 547, Laws of 1864.
1Opinion of the CourtAndrews, J.
The right of the plaintiff to recover in this action depends upon the question whether the city of Buffalo by the proceedings taken under chapter 547 of the Laws of 1864 became vested with the fee of the laud in controversy. If the title of the plaintiff’s grantor was divested by the proceedings under the act the deed to the plaintiff conveyed no title or interest in the premises and he cannot maintain ejectment, and it is wholly immaterial whether the license from the common council of the city, under which the defendant entered upon and laid its track over the locus in quo was or was not…
2Cases cited1 opinion
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