Tillotson v. Preston
New York Supreme Court
THIS was an action of tr~espass quare clausumfre~'it, for entering the plaintiff's close in Hancock, in the coun- ty of Delaware, and cutting and carrying away timber. The cause was tried at the Delaware c~ircuiC, the 12th of rune, 1810, before Mr. Justice Th~rnpson.
Read the full summary
THIS was an action of tr~espass quare clausumfre~'it, for entering the plaintiff's close in Hancock, in the coun- ty of Delaware, and cutting and carrying away timber. The cause was tried at the Delaware c~ircuiC, the 12th of rune, 1810, before Mr. Justice Th~rnpson. At the trial, the plaintiff proved property and po~sses- sion of the land, and that divers persons, under and by command of the defendant, entered, and cut and carried away timber, in the years 1805, 1806, and 1807. The defendant gave in evidence a letter from the plaintiff to the defendant, dated 27th Marc/i, 1804, in which the…
1Per curiam
The plaintiff brings trespass for cutting and carrying away timber, in the year 180?; and he shows title, possession, and the trespass committed by direction of the defendant, to the amount of the damages recovered. The cause then turns upon the justification set up by the defendant. The trespass being proved, it lies with the defendant to make out his defence. To do this he produces a letter written to him by the plaintiff in 1804, in which the plaintiff consents to his taking timber upon the terms proposed in a letter of the defendant. To meet the justification set up under this letter, the…
2Cited by4 opinions
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- McCaffrey v. WoodenNew York Supreme Court · 1872
- Carleton v. RedingtonSuperior Court of New Hampshire · 1850
- Bunker v. HodgdonSuperior Court of New Hampshire · 1834