Vosburgh v. . Teator
New York Court of Appeals
Appeal from General Term, second district. The action was trespass, for cutting a tree on plaintiff’s land, commenced before a justice of the peace. The defendant interposed a plea of title. The action was thereupon discontinued and commenced in the Dutchess County Court, and was tried there. The plaintiff recovered a verdict for twenty-five dollars. This judgment was appealed to the General Term, where it was affirmed, and an appeal was taken to this court.
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Appeal from General Term, second district. The action was trespass, for cutting a tree on plaintiff’s land, commenced before a justice of the peace. The defendant interposed a plea of title. The action was thereupon discontinued and commenced in the Dutchess County Court, and was tried there. The plaintiff recovered a verdict for twenty-five dollars. This judgment was appealed to the General Term, where it was affirmed, and an appeal was taken to this court. The plaintiff and defendants were owners of adjoining farms. There was a dispute between them as to the boundary line. The plaintiff’s…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiff and the defendants were the owners of adjoining farms, the plaintiff's lying on the north and the defendants' on the south of the division line. The question is as to the true location of that boundary line at the point where the defendants, in 1849, removed an existing fence farther north, and cut down a chestnut tree standing north of the old, and south of the new, location of the fence.
It appeared that the parties claimed title to their…
2Cases cited1 opinion
- Terry v. . ChandlerNew York Court of Appeals · 1857
3Cited by28 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Watrous v. MorrisonSupreme Court of Florida · 1894
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Bandman v. . FinnNew York Court of Appeals · 1906
- Garvin v. ThrelkeldCourt of Appeals of Kentucky · 1917
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