New York and New England Railroad v. Drury

The Midland Railroad Company in 1851 filed a location of its railroad over a tract of flats belonging to Cyrus Alger, of whose estate the defendant is the administrator. In 1853, Cyrus Alger conveyed by warranty deeds, containing *168covenants against incumbrances, a portion of said flats to Henry S. Washburn, and another portion to Edward Reed and Cyrus Alger, Jr. In 1854, the Boston and New York Central Railroad Company, the successor of the Midland Railroad Company, filed a new and amended location crossing the lots of Alger and of his grantees. Immediately after the new location was filed,…