Chapman v. Delaware, Lackawanna & Western Railroad
New York Supreme Court
Appeal from an order denying a new trial and from the judgment entered on a verdict in favor of the plaintiff. The cause was tried before Justice Murray and a jury at the Tompkins circuit, in September, 1868. The plaintiff in this action sought by ejectment to recover, with damages for withholding, the possession of a piece of land occupied by the defendant, a railroad corporation.
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Appeal from an order denying a new trial and from the judgment entered on a verdict in favor of the plaintiff. The cause was tried before Justice Murray and a jury at the Tompkins circuit, in September, 1868. The plaintiff in this action sought by ejectment to recover, with damages for withholding, the possession of a piece of land occupied by the defendant, a railroad corporation. The defendant made no claim of any right to enter upon the land, and to retain possession they fortified themselves with simply a tax title. The comptroller annulled this tax title. The plaintiff, as a mortgagee in…
1Opinion of the CourtMiller, P. J.
This was an action of ejectment to recover a strip of land in Ithaca, occupied by the defendant as a railroad. To show the title of the plaintiff, he introduced several deeds, and among others, a deed from the executors of Simeon DeWitt, deceased, to one Charles A. Gregory, which was in the form of an ordinary executor’s deed, reciting a clause in the will of the deceased, by which he empowered his executors to sell his real estate “ for such consideration as they shall judge proper, for the purpose of discharging my debts, and creating funds for the support of my family.”
The introduction of…
2Cases cited4 opinions
- Phyfe v. RileyNew York Supreme Court · 1836
- Van Duyne v. ThayreNew York Supreme Court · 1835
- Hoag v. . HoagNew York Court of Appeals · 1866
- Peck v. NewtonNew York Supreme Court · 1862
3Cited by1 opinion
- Murphy v. LoomisNew York Supreme Court · 1882