New York Central & Hudson River Railroad v. Brennan
Appellate Division of the Supreme Court of the State of New York
Wabd, J., dissented. Appeal by the plaintiff, The New York ' Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 16th day of March, 1895, upon the decision of the court dismissing the plaintiff’s complaint upon the merits after a trial at the Onondaga Circuit before the court without a jury.
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Wabd, J., dissented. Appeal by the plaintiff, The New York ' Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 16th day of March, 1895, upon the decision of the court dismissing the plaintiff’s complaint upon the merits after a trial at the Onondaga Circuit before the court without a jury. The action was brought in ejectment to recover a small parcel of land in the city of Syracuse. The trial court dismissed the complaint upon the ground that the defendants held the…
1Opinion of the CourtFollett, J.
This action, ejectment, was begun July 13, 1893, to recover part of lot No. :8 and all of lot No. 9 in block 195 in the city of Syracuse, and for damages for the unlawful withholding thereof. The plaintiff alleges in its complaint that it is the owner in fee of the premises. The defendants in their answer deny that the plaintiff *105is the owner in fee, and allege that they are the owners of the fee of the premises.
At the beginning of the discussion about the rights of these litigants the defendants meet the plaintiff with the assertion that the long line of conveyances, beginning with the patent…
2Cases cited5 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Barnes v. . LightNew York Court of Appeals · 1889
- Greenleaf v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1892
- Bates v. Lidgerwood Manuf'g Co.New York Supreme Court · 1888
- Dominy v. MillerNew York Supreme Court · 1861
3Cited by7 opinions
- Ramapo Manufacturing Co. v. MapesNew York Court of Appeals · 1915
- Aubuchon v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Harison v. CaswellAppellate Division of the Supreme Court of the State of New York · 1897
- Buffalo Creek Railroad v. CollinsAppellate Division of the Supreme Court of the State of New York · 1899
- Green v. HornAppellate Division of the Supreme Court of the State of New York · 1908
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