Heermance v. Vernoy
New York Supreme Court
IN error, on certiorari. Vernoy brought an action of trespass against Heermance, in the court below, and declared,that the defendant, on the20th January, 1808, at, &c. with force and arms, broke and entered the close of the plaintiff, and broke down a bark-mill of the plaintiff’s, and broke loose a millstone fastened to the freehold in the said mill, and took, and carried it away, together with the iron bands, and bolts wherewith the' same had been fastened in the mill to…
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IN error, on certiorari. Vernoy brought an action of trespass against Heermance, in the court below, and declared,that the defendant, on the20th January, 1808, at, &c. with force and arms, broke and entered the close of the plaintiff, and broke down a bark-mill of the plaintiff’s, and broke loose a millstone fastened to the freehold in the said mill, and took, and carried it away, together with the iron bands, and bolts wherewith the' same had been fastened in the mill to the freehold, and trod down the soil, and 30 sticks of timber and wood of the said mill, took and carried away, &c. The…
1Per curiam
By the evidence given for the plaintiff below, he sufficiently proved the trespass he had alleged; and if the two witnesses offered by the defendant, in his defence, were incompetent, by reason of interest, then the cause of action remained good. The two witnesses had jointly sold the land, on which the bark-mill stood, to the plaintiff, and they had sold the bark-mill to the defendant. They must have sold it as personal property, because the same was excepted by parol, out of the sale of the land, and sold by parol to the defendant. These we are to consider as facts, assumed and offered to…
2Cited by28 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
- Capen v. PeckhamSupreme Court of Connecticut · 1868
- Murray v. JudahNew York Supreme Court · 1826
- Buckley v. BuckleyNew York Supreme Court · 1850
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