Stewart v. Doughty
New York Supreme Court
THIS was an action of trespass quart clausum fregit, for breaking and entering the plaintiff’s close, cutting down, taking and carrying away, a quantity of wheat and rye in the sheaf, the property of the plaintiff The defendants pleaded the general jggue with notice, that they would give in evidence that the close mentioned m the declaration, at the time of the supposed trespass, was the proper close of Daniel L. Van Antwerp, and also, that the wheat and rye thereon growing,…
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THIS was an action of trespass quart clausum fregit, for breaking and entering the plaintiff’s close, cutting down, taking and carrying away, a quantity of wheat and rye in the sheaf, the property of the plaintiff The defendants pleaded the general jggue with notice, that they would give in evidence that the close mentioned m the declaration, at the time of the supposed trespass, was the proper close of Daniel L. Van Antwerp, and also, that the wheat and rye thereon growing, belonged to him, and that the defendants, as servants to the said Van Antwerp, and by his di- . . * J rection, entered…
1Opinion of the Court
Kent, Ch. J. delivered the opinion of the court.
There are several questions raised in this case, which it will be necessary to consider.
1. The first question is, whether the plaintiff be entitled, in any form of action, to recover ?
The lease was determined while the crop was in the ground, and it was determined by the lessor, under the provision contained in the 12th article of the agreement. The right to the emblements which would otherwise exist in the lessee, as the duration of his estate depended upon the will of the lessor, does not appear to be controlled or affected by the special…
2Cited by35 opinions
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- Aiken v. SmithSupreme Court of Vermont · 1849
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