Rockwell v. Adams
New York Supreme Court
Replevin for saw logs; tried at the Warren circuit, June 21st, 1825, before Duer, 0. Judge. The logs in question were of trees felled by the ant on unenclosed timber land, which the plaintiff claimed as his own.
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Replevin for saw logs; tried at the Warren circuit, June 21st, 1825, before Duer, 0. Judge. The logs in question were of trees felled by the ant on unenclosed timber land, which the plaintiff claimed as his own. And the dispute related to the dividing line between the parties, as described m conveyances to each, The plaintiff contended that the defendant was from disputing the line to which the former claimed, on the ground that the defendant had, by various acts of practical location and recognition, established the line set up by the plaintiff, as the true partition line between the…
1Opinion of the Court
Curia, per Sutherland, J.
The jury, I think, would naturally infer from the charge, that though the defendant had, in the first place, established, and subsequently, uniformly recognized the line set up by the plaintiff, yet if he was ignorant at the time, that it would give him short of what his deed would warrant, he was not bound to abide by it, unless he had expressly agreed so to do.
Now I apprehend that it is not necessary, in order to make an actual practical location control the courses and distances in a deed, that the party making such location, or subsequently recognizing it, should,…
2Cases cited7 opinions
- Jackson ex dem. Goodrich v. OgdenNew York Supreme Court · 1810
- Jackson ex dem. Wright v. DieffendorfNew York Supreme Court · 1808
- Peyton v. HallettNew York Supreme Court · 1803
- Jackson ex dem. Livingston v. FreerNew York Supreme Court · 1819
- Jackson ex dem. Newcomb v. SmithNew York Supreme Court · 1812
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3Cited by8 opinions
- Miller v. Mills CountySupreme Court of Iowa · 1900
- Gwynn v. SchwartzWest Virginia Supreme Court · 1889
- O'Donnell v. PenneySupreme Court of Rhode Island · 1890
- Lindell v. McLaughlinSupreme Court of Missouri · 1860
- Smith v. BullockSupreme Court of Vermont · 1844
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