Jackson ex dem. Van Rensselaer v. Andrew
New York Supreme Court
THIS was an action of ejectment, tried at the Herkimer • • • t ° Tr _ , circuit, m June, 1819, before Mr. Justice Yates.
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THIS was an action of ejectment, tried at the Herkimer • • • t ° Tr _ , circuit, m June, 1819, before Mr. Justice Yates. The defendant held, under a lease for lives, from Philip Schuyler, dated the 6th of September, 1790. The lessor reserved, among other things, all mines, and “ all creeks, kills, streams and runs of water, and as much ground, within the premises, which he might think requisite to appropriate, at any time thereafter, to the erection of mills, mill-dams, and ’ , ’ any works and buildings whatsoever for the convenient * o working of tl)e mines, or for the use of the mills ;…
1Per curiam
This being a hard action, with a view to the forfeiture of the estate, there ought not to be a new trial, unless the jury were clearly misdirected as to the law. The Judge, on the trial, stated the fact to be doubtful, whether turning the creek had killed the timber ; and by a review of the evidence, he was fully justified in saying so. He added, also, that the fact was of no consequence, for the new growth was more valuable than the old, and so it had been no injury to the inheritance. This we deem to be correct, when applied to this case. In Co. Lit. (53. a.) the law is laid down, that “ if…
2Cited by6 opinions
- Kidd v. DennisonNew York Supreme Court · 1849
- Conger v. . DuryeeNew York Court of Appeals · 1882
- Conner v. ShepherdMassachusetts Supreme Judicial Court · 1818
- Brokaw v. FairchildNew York Supreme Court · 1929
- Patrick v. SherwoodU.S. Circuit Court for the District of Northern New York · 1857
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