Vorebeck v. Roe
New York Supreme Court
THE plaintiff in this action claimed to recover damages for the cutting and carrying away of certain timber trees purchased by him, and then standing on premises situated upon Grand Island. The vendor of the trees, after making the contract for the sale of them to the plaintiff, and while those in controversy were standing upon the land, conveyed the premises in fee to the defendant.
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THE plaintiff in this action claimed to recover damages for the cutting and carrying away of certain timber trees purchased by him, and then standing on premises situated upon Grand Island. The vendor of the trees, after making the contract for the sale of them to the plaintiff, and while those in controversy were standing upon the land, conveyed the premises in fee to the defendant. And he justified the cutting and removal of the trees under the title acquired by him through such conveyance. The action was referred to a referee, who after hearing the proofs, reported in favor of the…
1Opinion of the Court
By the Court,
Daniels, J.
The instruments severally
executed by Joseph Messmer and Catherine Messmer, to the plaintiff, import upon their face a present sale to him of all the wood and timber then upon the premises they refer to, being forty-six acres of land situated on G-rand Island, and owned by said Joseph Messmer and Catherine, his wife. And they were valid contracts of sale, because they were subscribed by the party to be charged by them, as the statute of frauds required that they should be, and the omission to properly stamp them, if indeed that was omitted, does not appear to have…
2Cases cited4 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Warren v. LelandNew York Supreme Court · 1847
- Beebe v. HuttonNew York Supreme Court · 1866
- Ludlow v. Vah NessThe Superior Court of New York City · 1861
3Cited by13 opinions
- Hanly v. WattersonWest Virginia Supreme Court · 1894
- Lacustrine Fertilizer Co. v. Lake Guano & Fertilizer Co.New York Court of Appeals · 1880
- Whitehill v. ShickleSupreme Court of Missouri · 1869
- State v. GartonIndiana Supreme Court · 1869
- Rheinstrom v. ConeWisconsin Supreme Court · 1870
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