New York Central & Hudson River Railroad v. Brennan
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Onondaga county. Action by the New York Central & Hudson River Railroad Company against John Brennan and Margaret Brennan to recover possession of certain real property. From a judgment dismissing the complaint on the merits, plaintiff appeals.
1DissentWard, J.
This action was brought to recover the possession of a city lot in the city of Syracuse, being 58 feet front on the south line of West Water street, 101 feet in rear, and 130 feet deep, which was occupied at the commencement of the action by the defendants (the respondents here). The trial court made no findings of fact further than may be implied from the following statement in the decision:
“The ground upon which the issues are decided in the action are that the (defendants and those under whom they claim have been in the actual, continued, and peaceful occupation of the premises described…
2Cases cited7 opinions
- Bliss v. . JohnsonNew York Court of Appeals · 1883
- Pope v. . HanmerNew York Court of Appeals · 1878
- Van Rensselaer v. . WrightNew York Court of Appeals · 1890
- Trufant v. White & Co.Supreme Court of Alabama · 1892
- Doolittle v. TiceNew York Supreme Court · 1863
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