In re the Petition of New York Central Rail Road
New York Supreme Court
THIS was an application for the appointment of commissioners to ascertain and appraise the compensation to be paid to the owners or persons interested in certain real estate which had been taken for the use of the Schenectady and Troy Rail Road Company before its consolidation with the New York Central Rail Road Company. The petition set forth the act of incorporation of the former company, and alleged that they did, pursuant to said act, construct their railway.
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THIS was an application for the appointment of commissioners to ascertain and appraise the compensation to be paid to the owners or persons interested in certain real estate which had been taken for the use of the Schenectady and Troy Rail Road Company before its consolidation with the New York Central Rail Road Company. The petition set forth the act of incorporation of the former company, and alleged that they did, pursuant to said act, construct their railway. That the lands mentioned in schedule A, annexed to the petition, were necessary for, and required by, the Schenectady and Troy Rail…
1Opinion of the Court
By the Court, C. L. Allen, J.
The Schenectady and Troy Rail Road Company, in procuring title to lands under their organization and act of incorporation, obtained the deeds for the parcels of land contained in schedule A, at the times and in the manner and for the consideration stated in the petition. They supposed and believed at the time, that they obtained a good and perfect title, and went on and constructed their rail road at a great expense, over the lands thus purchased, and remained in possession, under claim of title, till the filing of the bill to foreclose the Kane mortgage. They…
2Cited by1 opinion
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