Baldwin v. City of Buffalo

By the Court, Marvin, J.

The referee has found that all the material allegations in the complaint are true, and upon such facts he decided, as matter of law, that the complaint should he dismissed.

The object of the action is to obtain a perpetual injunction restraining the city of Buffalo from entering upon certain premises of the plaintiff, and opening a street thereon. The plaintiff, and those from whom his title is derived, had been *397in the actual possession of the land for more than twenty-five years, under grants in fee, and claiming title in fee to the premises, and it had long been…