Kidd v. Dennison
New York Supreme Court
In EauiTY. The bill in this cause was filed to restrain the defendants from committing waste on a farm in Berlin, Rensselaer county, and for an account for waste already committed.
Read the full summary
In EauiTY. The bill in this cause was filed to restrain the defendants from committing waste on a farm in Berlin, Rensselaer county, and for an account for waste already committed. The bill stated that Stephen Van Rensselaer leased the farm to Daniel Dennis on for the term of 60 years, by an indenture of lease dated June 23d, 1791. The lease described the farm as an improved farm, and as containing 176 acres, and contained a covenant on the part of the lessee that he would not commit waste. The defendants claimed under the lessee. The plaintiffs, in their bill, stated that by a conveyance…
1Opinion of the CourtPaige, J.
The farm in question was undoubtedly leased to the lessee for agricultural purposes. The lease describes it as an improved farm. At the time the original lease was executed, in 1791, only 25 acres had been cleared. The lessee had no other way of enjoying the premises except by clearing and preparing them for cultivation. This could not be done without felling the timber. If he cut down the timber for the pur*12pose of preparing the land for cultivation, the severance of the trees from the freehold was not unlawful, and a sale of them after severance was a right incident to that of clearing the…
2Cases cited11 opinions
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Mooers v. WaitNew York Supreme Court · 1829
- Winship v. PittsNew York Court of Chancery · 1831
- Jackson ex dem. Church v. BrownsonNew York Supreme Court · 1810
- Bates v. DelavanNew York Court of Chancery · 1835
6 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Ethredge v. HailCourt of Appeals for the Eleventh Circuit · 1993
- Smith v. SiegelmanCourt of Appeals for the Eleventh Circuit · 2003
- Liskey v. SnyderWest Virginia Supreme Court · 1904
- Religious Technology Center v. WollersheimCourt of Appeals for the Ninth Circuit · 1986
- In Re MorrisseyCourt of Appeals for the Third Circuit · 1983
44 more not listed; retrieve them via the Exa API.