Strong v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department in favor of defendant, entered upon a verdict taken, subject to the opinion of the court at General Term. This was an action of ejectment to recover a strip of land in the city of Brooklyn, fifty feet wide, on the southerly side of Atlantic avenue.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department in favor of defendant, entered upon a verdict taken, subject to the opinion of the court at General Term. This was an action of ejectment to recover a strip of land in the city of Brooklyn, fifty feet wide, on the southerly side of Atlantic avenue. The case has been already before this court sub norwme, Heard v. The Oity of BrooMyn (60 1ST. Y., 242). Plaintiffs’ ancestor being seized of forty-fonr acres, known as the Cowenhoven homestead, bounded south by the old Jamaica turnpike, and west by the…
1Opinion of the CourtFolger, J.
This case was before us in 1875 (sub nom. Heard v. The City of Brooklyn, 60 N. Y., 242), and some of the points now made by the appellants are met by the opinion then rendered.
First. It is claimed that the Brooklyn and Jamaica Railroad Company acquired a determinable fee, and not a mere easement, in the lands in suit. It is then said, that the right of the plaintiffs is a reversionary interest, taking effect only when the estate of the railroad company has ceased. And it is insisted, that the right to a reversion will not support an action of ejectment.
It matters nothing, what the interest…
2Cases cited6 opinions
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- Child v. . ChappellNew York Court of Appeals · 1853
- New York & Harlem Railroad v. KipNew York Court of Appeals · 1871
- Perrin v. . New York Central Railroad Co.New York Court of Appeals · 1867
- Heard v. . City of BrooklynNew York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Lyon v. McDonaldTexas Supreme Court · 1890
- Pinkum v. City of Eau ClaireWisconsin Supreme Court · 1892
- Hays v. T. & P. R'y Co.Texas Supreme Court · 1884
- Huddleston v. City of EugeneOregon Supreme Court · 1899
22 more not listed; retrieve them via the Exa API.