Hill and Aldrich v. . the Mohawk and Hudson Rail Road Co.
New York Court of Appeals
Appeal from the Supreme Court, sitting at Albany, where an appraisement of the land of John J. Hill and Adam Aldrich, which had been taken by the Mohawk and Hudson Railroad Company, under the act of 16th April 1838, had been set aside, on certiorari.
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Appeal from the Supreme Court, sitting at Albany, where an appraisement of the land of John J. Hill and Adam Aldrich, which had been taken by the Mohawk and Hudson Railroad Company, under the act of 16th April 1838, had been set aside, on certiorari. (Reported below, 5 Denio 206.) The act under which the proceedings were had provided, that the appraisers should view the premises, and assess and certify the value thereof, and the damages the owners might sustain, by taking their lands, and by injury to buildings, in the construction of the railroad; without any deduction on account of any real…
1Opinion of the Court
*Gardine:b, J.
According to the section of the act under which the proceedings in this L case were taken (Laws 1838, p. 199), the corporation, on complying with the terms of the statute, were to "be deemed the owners of the land taken, in fee-simple.”
As the right to apply for the appointment of appraisers is made dependent upon the failure to obtain the land required, by agreement (§ 5), and as the proceedings, if regular, bind married women, infants, lunatics, and idiots (§ 10), the corporation must show, upon the face of the record, a substantial compliance with every requirement of the…
2Cited by9 opinions
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- Chicago, Sante Fe & California Railway Co. v. McGrewSupreme Court of Missouri · 1891
- Brack v. Mayor of BaltimoreCourt of Appeals of Maryland · 1915
- Queensboro Farm Products, Inc. v. StateNew York Court of Claims · 1956
- Burlington & C. R. v. SchweikartSupreme Court of Colorado · 1887
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