Stevens v. Beekman
New York Court of Chancery
MOTION for an injunction on a bill, stating that the plaintiff, on the 20th of March, 1806, purchased by deed, in fee, for a valuable consideration, of Jacob Glen, certain lands therein described, in the county of Saratoga, and adjoining Glen's Falls. That before the purchase, the plaintiff, for 20 years and upwards, had been in the quiet possession ofthe greater part of the premises, as tenant to Glen, and of the residue for about 3 or 4 years.
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MOTION for an injunction on a bill, stating that the plaintiff, on the 20th of March, 1806, purchased by deed, in fee, for a valuable consideration, of Jacob Glen, certain lands therein described, in the county of Saratoga, and adjoining Glen's Falls. That before the purchase, the plaintiff, for 20 years and upwards, had been in the quiet possession ofthe greater part of the premises, as tenant to Glen, and of the residue for about 3 or 4 years. That Glen had good right and title to sell. That the plaintiff had continued, and still was in possession as owner. That about 3 or 4 years ago, the…
1Opinion of the Court
The Chancellor.,
This is a case of an ordinary trespass upon land, and cutting down the timber. The plaintiff is in possession, and has adequate and complete remedy at law. This is not a case of the usual application of jurisdiction by injunction; and if the precedent were once set, it would lead to a revolution in practice, for trespasses of this kind are daily and hourly occurring.
I doubt, exceedingly, whether this extension of the ordinary jurisdiction of the court would be productive of public convenience. Such cases áre generally cf local cognizance;, and drawing them into this court…
2Cited by6 opinions
- Jerome v. RossNew York Court of Chancery · 1823
- Burnett v. CraigSupreme Court of Alabama · 1857
- Cowles v. ShawSupreme Court of Iowa · 1856
- Smith v. KingSupreme Court of Connecticut · 1892
- Worthington v. MoonNew Jersey Court of Chancery · 1894
1 more not listed; retrieve them via the Exa API.