Helmke v. New Jersey & New York Railroad
New York Supreme Court
Appeal from circuit court, Rockland county. Ejectment by Henry Helmke against the New Jersey & New York,, Railroad Company for a strip of land through plaintiff’s tract used by defendant as a right of way, and which was the subject of an agreement to convey, executed by plaintiff to defendant’s predecessor in, interest, the Hackensack & New York Extension Railroad Company.
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Appeal from circuit court, Rockland county. Ejectment by Henry Helmke against the New Jersey & New York,, Railroad Company for a strip of land through plaintiff’s tract used by defendant as a right of way, and which was the subject of an agreement to convey, executed by plaintiff to defendant’s predecessor in, interest, the Hackensack & New York Extension Railroad Company. Defendant claimed as successor in interest, and as purchaser at mortgage foreclosure sale of all the rights and franchises of its predecessor, and demanded a specific performance of plaintiff’s agreement to convey. From a…
1Opinion of the CourtBarnard, P. J.
The justice of the decision appealed from cannot be assailed. The Hackensack & New York Extension Railroad Company, a New Jersey corporation, was authorized to extend its road in this state. This railroad company built its road over the plaintiff’s lands in 1871, and in 1872 commenced running the road. The Hackensack Company had, in 1870, mortgaged its road to John S. Fox and others. In 1873 the'Hackensack Company consolidated with another company, and became the defendant company, and in 1880 acquired the mortgage title. The plaintiff’s lands" were taken under an agreement to sell for a…
2Cited by3 opinions
- San Antonio & Aransas Pass Railway Co. v. GurleyTexas Supreme Court · 1898
- Moxley v. New Jersey & New York RailroadNew York Supreme Court · 1892
- Davenport v. New Jersey & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1900