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Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 66

Howard's Practice Reports in the Supreme Court and Court of Appeals of the State of New York Volume 66


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 Excerpt: ...adjoining to the center line of said canal, in consideration of and upon the condition precedent that such owner or owners shall, by an instrument in writing under their hands and seals and duly acknowledged, release and discharge the state from all obligation to maintain the bridges and other structures connected with such portions of said canal, and of said extension, and from all liability for Birdsall agt. Cary. damages arising from the abandonment thereof; whereupon' they and each of them are hereby authorized and empowered to hold, grant, devise and convey the same." In March, 1882, the plaintiff executed the required release which was filed with, and approved by, the superintendent of public works, and recorded in Broome county pursuant to chapter 288, Laws 1881. The exception referred to in the first sentence of the section does not relate to the conditions of this case. In May, 1882, defendant entered upon the land east of the center line of the canal, and damaged it, for the recovery of which this action is brought. Ausburn Birdsall and Mr. Prindle, for plaintiff. D. S. Richards, for defendants. Follktt, J.--The decision of this case turns upon the question, whether the state acquired a fee or a permanent interest in the land, which survived the abandonment of the canal, and which could be granted to the adjoining owner by the legislature. At the date of the appropriation in question the following sections of title 9, chapter 9, part 1, Revised Statutes, were in force: Section 46. "When any lands, waters or streams, appropriated by the canal commissioners to the use of the public, shall not be given or granted to the state, it shall be the duty of the appraisers to make a just and equitable estimate and appraisement of the damages and be...


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Product Details
  • ISBN-13: 9781154226843
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 240
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 1154226840
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 435 gr


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