Edwards v. . Noyes
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants entered upon the report of a referee. This was an action .of trespass, alleged to have been committed on lots 107 and 108, in a patent of land known as “ Glenn’s patent.” The facts appear sufficiently in the opinion.
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Appeal from the judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendants entered upon the report of a referee. This was an action .of trespass, alleged to have been committed on lots 107 and 108, in a patent of land known as “ Glenn’s patent.” The facts appear sufficiently in the opinion. As against a person who had no title, plaintiff’s possession was sufficient to maintain trespass as against defendants. (Code, § 83; Carey v. Goodman, 22 N. Y., 170; Finlay v. Cook, 54 Barb., 10.) Plaintiff’s possession was confined to…
1Opinion of the Court
Earl, C.
Lots 101 and 108 were known as distinct lots of 250 acres each in Glenn’s patent. Only a small portion of each lot was cleared, and the plaintiff had occupied and cultivated the cleared portions for many years; the balance, the larger part of each lot, was uninclosed woodland. It was upon this part that the alleged trespasses were committed. As the plaintiff was not in the actual possession of the uninclosed woodland, he could recover only by showing a valid title or constructive possession. To show a valid title, he should have proved a conveyance to him sufficient to vest in him…
2Cases cited3 opinions
- Thompson v. . BurhansNew York Court of Appeals · 1874
- Jackson ex dem. Gilliland v. WoodruffNew York Supreme Court · 1823
- Munro v. . MerchantNew York Court of Appeals · 1863
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- Goodale v. MurraySupreme Court of Iowa · 1940
- Wakefield v. DaySupreme Court of Minnesota · 1889
- Sullivan v. DavisSupreme Court of Kansas · 1882
- City Nat. Bank of Wichita Falls v. LaughlinCourt of Appeals of Texas · 1919
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