Boisaubin v. Reed
New York Court of Appeals
Amedee, Vincent, Marc, Edward, Louis and Alfred Boisaubin (the three latter being infants appearing by the first-named as their guardian), brought an action in the supreme court against Lauren H. Reed, to enjoin him from entering on their lands and carrying away timber.
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Amedee, Vincent, Marc, Edward, Louis and Alfred Boisaubin (the three latter being infants appearing by the first-named as their guardian), brought an action in the supreme court against Lauren H. Reed, to enjoin him from entering on their lands and carrying away timber. The judgment rendered at the special term in the supreme court, enjoined the defendant permanently from entering upon the lands of the plaintiffs, and taking, converting or interfering with the logs and timber which he has cut upon the said land. The defendant claimed the said logs and timber under a deed executed, by the…
1Opinion of the Court
By the Court.
Leonard, J.
[After stating the facts as above.] — The solution of the question involved depends upon the construction of the deed: whether the sale of “ all the oak and pine timber” on the land is limited to the term of ten years within which the defendant may enter “ for the purpose of cutting, taking and carrying away.”
The judgment below appears to me to give the true interpretation.
The parties fixed the time within which the vendee or his representatives might enter the land and carry away the timber. After the expiration of the term, every entry upon the land for the purpose…
2Cases cited1 opinion
- Warren v. LelandNew York Supreme Court · 1847
3Cited by1 opinion
- Decker v. HuntAppellate Division of the Supreme Court of the State of New York · 1906