McCay v. Wait
New York Supreme Court
THIS ' is an action to recover for waste, alleged to have been committed by cutting timber, and was tried without a jury at the Steuben circuit, in Hovember, 1866, a trial by jury having been waived by the parties.
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THIS ' is an action to recover for waste, alleged to have been committed by cutting timber, and was tried without a jury at the Steuben circuit, in Hovember, 1866, a trial by jury having been waived by the parties. After hearing the evidence of the parties and the arguments of their counsel, the court found the following facts: 1st. That William W. McCay, deceased, was in his life time seised in fee of a farm situated in the village of Bath, Hew York, lying between Morris street, in said Village, and the Conhocton river, containing about eighty acres. 2d. That said William W. McCay died in…
1Opinion of the Court
By the Court, E. Darwin Smith, P. J.
Waste, as Blackstone defines it, is “ a spoil or destruction in houses, gardens, trees, or other corporeal hereditaments to the disherison of him that hath the remainder or reversion in fee simple or in tail.” (2 Black. Com. 382.)
The doctrine of waste of the common law is not in its strictness applicable to the condition of things in this country. What in England might be injurious to the inheritance and therefore waste, would probably, in most parts of this country, be the very reverse of injury to, would be actual improvement of, the estate. But the law…
2Cases cited1 opinion
- Jackson ex dem. Rogers v. ClarkNew York Supreme Court · 1810
3Cited by2 opinions
- Agate v. . LowenbeinNew York Court of Appeals · 1874
- Robinson v. KinneNew York Supreme Court · 1873