Moxley v. New Jersey & New York Railroad
New York Supreme Court
Appeal from circuit court, Rockland county. Ejectment by Dennis Moxley 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’s predecessor, one James Westervelt, 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 Dennis Moxley 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’s predecessor, one James Westervelt, 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 the…
1Opinion of the CourtBarnard, P. J.
The case of Helmke against the defendant (21 N. Y. Supp. 345) is similar in principle with this case, and would be covered by the decision in that case, except that the person who gave the *348consent to the railroad (one Westervelt) died, and his lands were sold. The plaintiff bought the land in question with full knowledge that the defendant was in possession. The covenant runs with the land. It is not only to build, but to maintain, the fence on each side of the track, that is secured by the contract. The land under the road of the defendant was sold to plaintiff, of course, subject to the…
2Cases cited2 opinions
- Blain v. TaylorNew York Supreme Court · 1864
- Helmke v. New Jersey & New York RailroadNew York Supreme Court · 1892
3Cited by2 opinions
- Greenfarb v. R. S. K. Realty Corp.New York Court of Appeals · 1931
- Satterly v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1906