Lally v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lavinia Lally, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 26th day of September, 1906.
1Opinion of the Court
Jenks, J.:
The plaintiff appeals from a judgment dismissing her complaint at the opening of the trial at Special Term. Both parties concede that the action is in equity to remove a cloud upon the plaintiff’s title. The question turns upon the extent and validity of certain letters patent from the People of the State. The learned court dismissed the complaint upon the ground that the court did not have jurisdiction; that such a grant could only be attacked by a suit brought directly by the-sovereign, either by the People themselves, through the Attorney-iGeneral, to set aside the entire grant,…
2Cases cited5 opinions
- Boggs v. Merced Mining Co.California Supreme Court · 1859
- Hart v. SansomSupreme Court of the United States · 1884
- Duluth & Iron Range Railroad v. RoySupreme Court of the United States · 1899
- Sanders v. . SaxtonNew York Court of Appeals · 1905
- E. G. Blakslee Manufacturing Co. v. E. G. Blakslee's Sons Iron WorksNew York Court of Appeals · 1891
3Cited by3 opinions
- Mix v. TiceNew York Supreme Court · 1937
- Dooley v. Procter & Gamble Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Lally v. New York Central & Hudson River RailroadNew York Supreme Court · 1908