Finlay v. Cook
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was originally commenced before a justice of the peace, for trespass upon lot C, in lot 1 of great lot 1 in the 24th allotment of the Kayaderosseras patent. Title being pleaded, by the defendant, the present action was commenced in this court.- The complaint was for entering upon the premises above mentioned, and cutting and carrying away timber and wood, and hay and other crops growing on. said lot.
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APPEAL from a judgment entered upon the report of a referee. The action was originally commenced before a justice of the peace, for trespass upon lot C, in lot 1 of great lot 1 in the 24th allotment of the Kayaderosseras patent. Title being pleaded, by the defendant, the present action was commenced in this court.- The complaint was for entering upon the premises above mentioned, and cutting and carrying away timber and wood, and hay and other crops growing on. said lot. The defendant, by his answer, denied that he had entered upon, or cut any wood, timber or trees upon, or had carried away…
1Opinion of the Court
*22 By the Court,
Rosekrans, J.
The referee states the description of the premises intended to be conveyed by the deed from the executors of Lefferts to Ten Eyck and by Ten Eyck to Beekman, to have been two hundred acres, more or less, in the right of "Walton, Kirby and Clopper, in lot ETo. 1 in the 24th allotment of the patent of Kayaderosseras. This description contains several particulars, and no lands could pass by the deed except such as corresponded with all the particulars. It was necessary that those claiming under these deeds should show that the lands claimed were in lot one, and in that…
2Cited by8 opinions
- Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
- State v. KingWest Virginia Supreme Court · 1915
- Northport Real Estate & Improvement Co. v. HendricksonNew York Court of Appeals · 1893
- Hennessey v. VolkeningThe Superior Court of New York City · 1893
- Thompson v. BurhansNew York Supreme Court · 1870
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