Van Rensselaer v. Van Rensselaer
New York Supreme Court
THIS was an action of trespass. The declaration contained five counts ; for breaking the plaintifFs close; taking down his saw-mill, flume, &c= and carrying away and converting the materials, &c. and for taking and carrying away divers quail-tides of timber, boards, &c. The defendant pleaded the general - issue. The cause was tried at the Albany circuit, in April, 1812, before Mr. Justice Spencer.
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THIS was an action of trespass. The declaration contained five counts ; for breaking the plaintifFs close; taking down his saw-mill, flume, &c= and carrying away and converting the materials, &c. and for taking and carrying away divers quail-tides of timber, boards, &c. The defendant pleaded the general - issue. The cause was tried at the Albany circuit, in April, 1812, before Mr. Justice Spencer. The plaintiff gave in evidence a durable lease from Stephen Van Rensselaer to three persons of the name of Slingerland, dated the 28th November, 1788, for a farm in Bethlehem, in Albany county.…
1Per curiam
By the original lease from Stephen Van Rensselaer to the Slingerlands, he reserved to himself the mill-seats* with the privileges necessary therefor; consequently, the mill-seat and ground sufficient for the use of the mills, never passed to them. The agreement between Stephen Van Rensselaer and the plaintiff vested the latter with all the rights of the former, until the plaintiff was paid a reasonable compensation for erecting the saw-mill and dam, but, at all events, it rendered the plaintiff a-tenant at will. The sale by Maria Van Rensselaer, to the defendant, being only co= extensive with…
2Cited by3 opinions
- Mather v. Ministers of Trinity ChurchSupreme Court of Pennsylvania · 1817
- Collar v. Ulster & Delaware Railroad, New York County Courts1911
- Kemmerer v. Midland Oil & Drilling Co.Court of Appeals for the Eighth Circuit · 1915