Holloway v. Delano
New York Supreme Court
Appeal from circuit court, Hew York county. Ejectment by James W. Holloway against Franklin H. Delano and others. From a judgment for plaintiff entered on the verdict of a jury defendants appeal.
1Opinion of the CourtIngraham, J.
This was an action of ejectment to recover the one undivided one twenty-eighth part of the fee of what was formerly Bloomingdale road, now discontinued as a road by legislative authority; and the title of the plaintiff depends upon the construction to be given to the description contained in the two deeds executed by the heirs at law of Charles W. Apthorp, and dated, one July 19, 1799, and one August 6, 1799. The plaintiff sues as heir at law of Charles W. Apthorp, and claims that the fee of the street was not included within the description in the deeds mentioned. The plaintiff’s, cause of…
2Cases cited5 opinions
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Mott v. . MottNew York Court of Appeals · 1877
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1882
- Matter of LadueNew York Court of Appeals · 1890
- Elmore v. . JaquesNew York Court of Appeals · 1875
3Cited by5 opinions
- Bichler v. TernesNorth Dakota Supreme Court · 1933
- Cochran v. SmithNew York Supreme Court · 1893
- Knabe v. LevelleThe Superior Court of the City of New York and Buffalo · 1892
- Holloway v. SouthmaydNew York Supreme Court · 1892
- Holloway v. SouthmaydNew York Supreme Court · 1892