Legal Opinion

Rexford v. . Knight

New York Court of Appeals

Decided September 5, 1854PublishedCited by 57 opinions

The action was to recover the possession of a small parcel of land situate in Clifton Park, Saratoga county. The plaintiffs, by the complaint, claimed title as the widow and heirs of Eleazer Rexford the younger. The defendant, by his answer, denied that the’plaintiffs had title, and alleged that he was in the lawful possession of the premises.

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The action was to recover the possession of a small parcel of land situate in Clifton Park, Saratoga county. The plaintiffs, by the complaint, claimed title as the widow and heirs of Eleazer Rexford the younger. The defendant, by his answer, denied that the’plaintiffs had title, and alleged that he was in the lawful possession of the premises. The cause was tried before Justice Paige, at the Saratoga circuit, in October, 18Í50, when the plaintiffs were nonsuited, with leave to them to make a ease, and apply to the supreme court at general term thereon for a new trial. The cause was. heard…

1Opinion of the CourtJohnson, J.

The plaintiffs are right in the position that the maps which were given in evidence by the defendants, of those parts of the Brie canal as originally constructed and as subsequently enlarged, that include the premises in question, do not upon the bill of exceptions appear either to be or to be copies of the maps mentioned in chapter 451, § 6, of the laws of 1837. They therefore did not of themselves afford presumptive evidence, that the lands thereon indicated to belong to the state had been taken and appropriated by the state for the canals. Nor does enough appear upon the bill of exceptions…

2Cases cited2 opinions

  1. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
  2. Jackson v. LamphireSupreme Court of the United States · 1830

3Cited by57 opinions

  1. Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
  2. Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
  3. People v. . TurnerNew York Court of Appeals · 1889
  4. Gilbert v. . AckermanNew York Court of Appeals · 1899
  5. Kahlen v. . State of New YorkNew York Court of Appeals · 1918

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