Townsend v. County of Allegany

Order unanimously affirmed without costs. Memorandum: We conclude that Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint. Plaintiffs in their first cause of action seek title to the Wellsville, Addison and *882Galeton (WAG) Trail, a narrow strip of land adjoining their properties. The record shows that in 1890 W. C. Farnum conveyed the WAG Trail to the Wellsville, Coudersport, and Pine Creek Railroad Company and its successors and assigns "so long as used or required for railroad purposes”. In 1905 Farnum conveyed to Elmer Johnson, plaintiffs’…