Vandyck v. Van Beuren
New York Supreme Court
This was an action of trespass guare clausum fregit, for entering and cutting wood in five several lots, in De Bruyn’s patent, in the county of Columbia. The plea was, not guilty, with notice that the defendants were tenants in common of the loci in quibus, and were seised in fee of a ninth part thereof.
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This was an action of trespass guare clausum fregit, for entering and cutting wood in five several lots, in De Bruyn’s patent, in the county of Columbia. The plea was, not guilty, with notice that the defendants were tenants in common of the loci in quibus, and were seised in fee of a ninth part thereof. The cause had been first tried before Lewis, Ch. J., at a circuit court in Columbia county, on the 25th June, 1800. The facts were briefly these: .Stephanus Van Alen, by his will of the 17th May, 1740, devised inter alla, as follows: “Item,. I give and bequeath unto my sons Cornelius,…
1Per curiam
On the trial it was proved by the plaintiffs that they did then, and for about twenty years preceding, had lived on De Bruyn’s patent; that they had a house and orchard and 28 acres adjoining the same, as early as 20 years preceding, and that they held other parcels of land; that the patent was divided, in 1793, and the plaintiffs then took actual possession of the loci in quibus, which were uncleared wood lots, and that the defendants had cut- wood *126in some of them; that in 1796, the plaintiffs had leased parts of the lots contained in the declaration; that the plaintiffs claimed the whole of…
2Cited by9 opinions
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- Campau v. DuboisMichigan Supreme Court · 1878
- Munro v. MerchantNew York Supreme Court · 1858
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