Legal Opinion

In re New York, Lackawanna & Western Railway Co.

New York Supreme Court

Decided July 15, 1885Published

This is a motion by the petitioner, the railroad company, for an order vacating and setting aside an order made by this court October 25, 1883, appointing commissioners to appraise lands for railroad purposes on the ground of the misconduct of two of the commissioners.

1Opinion of the CourtLewis, J.

The petitioner, being desirous of acquiring for railroad purposes a lot of land owned by Mrs. Bennett, in the city of Buffalo, lYl-J- feet front on Buffalo river and about 120 feet in depth to Joy street, upon which was an elevator, entered into a written agreement with Mrs. Bennett, by the terms of which she agreed, upon the payment of the full purchase-price, to convey to petitioner, with covenants of seizin and quiet enjoyment, a perfect title to said premises, with exceptions not material to be here mentioned. It also provided for a conveyance by Mrs. Bennett of other rights and interests…

2Cases cited9 opinions

  1. Fudickar v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
  2. Matter of Application of Mayor, Etc., of N.Y.New York Court of Appeals · 1872
  3. Smith v. CutlerNew York Supreme Court · 1833
  4. Jones v. New York & Erie Rail RoadNew York Supreme Court · 1859
  5. Rochester & Genesee Valley Railroad v. Clarke National BankNew York Supreme Court · 1871

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