Pratt v. Potter
New York Supreme Court
fllS was an action for cutting and carrying away timber from a wood lot in the town of Rochester, in the county of Ulster. It was tried at the Ulster circuit, in May, 1854, before Mr. Justice Bacon. It appeared upon the trial, that the lot upon which the timber had been cut, had been owned by the heirs of Jacob E. Hornbeck, deceased, and that those heirs, by a deed bearing date the 15th day of March, 1851, conveyed the lot to the plaintiffs.
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fllS was an action for cutting and carrying away timber from a wood lot in the town of Rochester, in the county of Ulster. It was tried at the Ulster circuit, in May, 1854, before Mr. Justice Bacon. It appeared upon the trial, that the lot upon which the timber had been cut, had been owned by the heirs of Jacob E. Hornbeck, deceased, and that those heirs, by a deed bearing date the 15th day of March, 1851, conveyed the lot to the plaintiffs. The deed purported to have been acknowledged on the day of its date, but the proof showed that in fact it was not executed by all the grantors, until on…
1Opinion of the Court
By the Court, Harris, J.
The trees cut by the defendant had all been severed from the land before the 15th of March. At the date of the deed, therefore, the timber in question had become personal property, and, of course, did not pass by the conveyance, even if it is to be regarded as taking effect at the time of its date. ° But the deed in fact became operative as a grant at the time of its delivery. And this, as .the proof stands, cannot be presumed to have taken place earlier than the 26th of March. At that time, the timber had not only been cut, but it had been entirely removed from the…
2Cases cited5 opinions
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Heath v. RossNew York Supreme Court · 1815
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- Rich v. BakerNew York Supreme Court · 1846
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- Baer Sons Grocer Co. v. WilliamsWest Virginia Supreme Court · 1897
- Jacobus v. Mutual Benefit Life InsuranceSupreme Court of New Jersey · 1876
- Judd v. . SeekinsNew York Court of Appeals · 1875
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