Sears v. Metropolitan Elevated Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by David- Sears, Henry P. Sears, and Emily E. Sears against the Metropolitan Elevated Railway Company and the Manhattan Railway Company. Defendants appeal from a judgment for plaintiffs entered on trial by the court without a jury.
1Per curiam
It is claimed by the learned counsel for the appellants that the plaintiffs did not show title to the land appurtenant easements to which have.been taken as the complaint charges. The supposed defects in the title, as claimed, arise from the non-compliance with certain of the provisions of the will of one Hoyt, from whom the title comes. If the land is a part of a share described in the will, which was to be set off to the trustee for the mother of the present plaintiffs for her life, then under the will the plaintiffs took the remainder in fee at her death. This setting off was accomplished…
2Cited by2 opinions
- Renwick v. New York Elevated RailroadThe Superior Court of the City of New York and Buffalo · 1891
- Renwick v. New York Elevated RailroadThe Superior Court of New York City · 1891