Buffalo, Rochester & Pittsburgh Railroad v. Lavery
New York Supreme Court
Appeal from judgment on report .of referee. Action by the Buffalo, Rochester & Pittsburgh Railroad Company against Georgia Lavery to recover possession of land. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.
1Opinion of the CourtBradley, J.
The action is ejectment, brought to recover the possession of a piece of land situate in the village of Salamanca, in the county of Cattaraugus, and within the Allegany Indian reservation. The claim made by both parties is founded upon leases or grants from the Seneca Nation of Indians, and the question is one of priority of right. The facts, as found by the referee, are not challenged by any exception. In July, 1866, Charles Snow, a Seneca Indian, by instrument in writing executed by him, leased the premises to Allen McDonald, a white man, for the term of 10 years, and shortly thereafter the…
2Cases cited10 opinions
- Mitchel and Others v. United StatesSupreme Court of the United States · 1835
- The New York IndiansSupreme Court of the United States · 1867
- Dawley v. . BrownNew York Court of Appeals · 1880
- Seneca Nation of Indians v. ChristieNew York Court of Appeals · 1891
- New York Ex Rel. Cutler v. DibbleSupreme Court of the United States · 1859
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3Cited by6 opinions
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
- Citizens Against Casino Gambling v. ChaudhuriCourt of Appeals for the Second Circuit · 2015
- United States v. City of SalamancaDistrict Court, W.D. New York · 1939
- Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
- People ex rel. Ray v. Martin, New York County Courts1944
1 more not listed; retrieve them via the Exa API.