De Mott v. Hagerman
New York Supreme Court
Replevin for wheat and rye: tried at the Seneca circuit, . J 1 3 in June, 1827, before Throop, 0. Judge, when the follow- • ,, . . ing matters were m evidence: Sealed articles of agreement between the plaintiffs, dated April 1st, 1824, containing these words: “John De Mot* aSrees to tot said Billson work a part of his farm, &e.Billson to work such part of the farm as De Mott shall ™ay direct, to pul all grain in, in good order, to find all the seed; and out of the crop to…
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Replevin for wheat and rye: tried at the Seneca circuit, . J 1 3 in June, 1827, before Throop, 0. Judge, when the follow- • ,, . . ing matters were m evidence: Sealed articles of agreement between the plaintiffs, dated April 1st, 1824, containing these words: “John De Mot* aSrees to tot said Billson work a part of his farm, &e.Billson to work such part of the farm as De Mott shall ™ay direct, to pul all grain in, in good order, to find all the seed; and out of the crop to deduct De Mott’s half, one half of seed so found, to deliver De Mott, at his store, one half of all the produce raised on…
1Opinion of the Court
Oiina, per Woodworth, -J.
This was a letting -of land upon shares-; not-a -lease ; and - as to the -grain -raised, the plaintiffs were -tenants in common. (8 John. 152 ; 3 John. 216,)
It does not appear -in what manner the defendants obtained possession. It is not stated that they wrongfully disseised Billson. If the entry was lawful, the property "of the Wheat and rye was in the 'defendants. If it was unlawful and worked a disseisin, trespass quare clausum * fregit might have-been maintained for the first entry; and, 'after a recovery in ejectment, damages would follow "for the mesne profits.…
2Cases cited2 opinions
- Foote v. ColvinNew York Supreme Court · 1808
- Tuttle v. BebeeNew York Supreme Court · 1811
3Cited by8 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Morrill v. Mackman.Michigan Supreme Court · 1872
- Lieberman v. ClarkTennessee Supreme Court · 1904
- Lindsay v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882
- Taylor v. BradleyNew York Court of Appeals · 1868
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