Martin v. County of Delaware

Appeals from judgments of the County Court of Delaware County, entered January 6, 1977, upon a decision of the court at a Trial Term, without a jury, in favor of defendants. At issue on this appeal is the nature of a 1914 transaction by which an interest in certain real property was granted to the County of Delaware "for purposes of right of way and construction” of a highway ultimately known as State Route 23. In their action under article 15 of the Real Property Actions and Proceedings Law, plaintiffs contended the subject document created an easement that enabled its grantor to pass title…