In re the New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made June 13, 1882, which affirmed an order of Special Term, determining as to the manner of distribution of the sum awarded by the commissioners appointed herein, as a compensation for lands condemned for railroad purposes. The material facts are stated in the opinion. The assessment-rolls and proceedings based thereon did not sufficiently describe the land.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made June 13, 1882, which affirmed an order of Special Term, determining as to the manner of distribution of the sum awarded by the commissioners appointed herein, as a compensation for lands condemned for railroad purposes. The material facts are stated in the opinion. The assessment-rolls and proceedings based thereon did not sufficiently describe the land. That objection could not be overcome. (Ronkendorf v. Taylor's Lessees, 4 Peters, 354-362; 11 Barb. 173; 10 N. Y. 509; 13 Johns. 97; 6 Gray,…
1Opinion of the CourtDanforth, J.
Joram Petrie died on the 16th of' October, 1869, and at that time was owner of record of lands ■ since appropriated to the use of the petitioner. Fanny P. Cottle and Charles B. Petrie are the only children and heirs at law of Joram Petrie, and their claim to the compensation awarded for the taking of the lands in question is valid unless overcome by that of Octavius O. Cottle. He claims under a paper purporting to be a deed of those lands, signed by Joram Petrie and Frances F., his wife, bearing date June 7, 1861. The instrument is neither witnessed nor acknowledged, and the question…
2Cases cited5 opinions
- Apthorp v. ComstockNew York Court of Chancery · 1829
- Peck v. . MallamsNew York Court of Appeals · 1853
- Cruger v. . DoughertyNew York Court of Appeals · 1870
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1877
- King v. WhaleyNew York Supreme Court · 1869
3Cited by6 opinions
- Kelsey v. CooleyNew York Supreme Court · 1890
- Rupert v. Village of North PelhamAppellate Division of the Supreme Court of the State of New York · 1910
- McInnis v. City of New RochelleNew York Supreme Court · 1917
- Schermerhorn v. Albany SyndicateNew York Supreme Court · 1916
- Erschler v. LennoxAppellate Division of the Supreme Court of the State of New York · 1896
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