Argotsinger v. . Vines
New York Court of Appeals
Appeal from judgment of the G-eneral Term of,the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass. The complaint alleged the entry "by defendants in December, 1877, upon the lands of plaintiff, the cutting down and carrying away of trees and timber, etc.
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Appeal from judgment of the G-eneral Term of,the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This was an action of trespass. The complaint alleged the entry "by defendants in December, 1877, upon the lands of plaintiff, the cutting down and carrying away of trees and timber, etc. The answer alleged in substance that one David Westervelt became the owner and possessor of the locus m quo in 1831, and that he and his successor in title and interest had owned and occupied the same since that time. The facts appear…
1Opinion of the CourtMiller, J.
The plaintiff upon the trial proved title to a farm of land consisting of one hundred and twenty-two acres, of which twenty-two acres were in woodland. The chain of title introduced in evidence commences in -1847. Plaintiff’s father took a deed of the farm in 1855, and by descent and transfers from the widow and heirs-at-law of his father, the plaintiff acquired title. The woodland was contiguous to the cultivated land, and was not fenced or inclosed, which the testimony showed was in accordance with the custom of the country. The plaintiff also proved by several witnesses that the wood was…
2Cases cited7 opinions
- Jutte v. . HughesNew York Court of Appeals · 1876
- Whitbeck v. New York Central Rail RoadNew York Supreme Court · 1862
- Van Deusen v. . YoungNew York Court of Appeals · 1864
- Cook v. BrockwayNew York Supreme Court · 1856
- Easterbrook v. Erie Railway Co.New York Supreme Court · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Reisert v. . City of New YorkNew York Court of Appeals · 1903
- Dietzel v. . City of New YorkNew York Court of Appeals · 1916
- Pepper v. Gainesboro Telephone Co.Court of Appeals of Tennessee · 1925
- Park v. Northport Smelting & Refining Co.Washington Supreme Court · 1907
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