Legal Opinion

Ludlow v. New-York & Harlem Railroad

New York Supreme Court

Decided January 5, 1852PublishedCited by 30 opinions

This was an action of ejectment, brought to recover the possession of a strip of land, situated in the town of Greenburgh, in the county of Westchester, and occupied by the defendants in the extension of their railroad from Harlem river, through the county of Westchester.

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This was an action of ejectment, brought to recover the possession of a strip of land, situated in the town of Greenburgh, in the county of Westchester, and occupied by the defendants in the extension of their railroad from Harlem river, through the county of Westchester. Issue was joined, and it was referred to Hon. Albert Lockwood, county judge of the county of Westchester, as sole referee ; and came on for trial, before him, on the 12th March, 1849. The plaintiff proved his possession of a farm, of which the premises in question were parcel, and showed title thereto, under a chain of…

1Opinion of the Court

By the Court,

Brown, J.

This is an action of ejectment for lands in Greenburgh, county of Westchester, and comes before this court on a motion to set aside the report of Albert Lockwood, the referee, Avho found the defendants not guilty of withholding the lands mentioned in the pleadings. I propose to examine but one of the questions discussed upon the argument: and that is the legal effect of the plaintiff’s deed to the defendants, considered in connection with the CA'idence given upon the hearing. This deed bears date November the 16th, 1841, and grants to the defendants the premises, in fee…

2Cases cited1 opinion

  1. Clark v. JonesCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by30 opinions

  1. Chicago, Texas & Mexican Central Railway Co. v. TitteringtonTexas Supreme Court · 1892
  2. Benavides v. HuntTexas Supreme Court · 1891
  3. Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
  4. Lindsey v. LindseyIndiana Supreme Court · 1874
  5. Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868

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