Cooper v. Stower
New York Supreme Court
THIS was an action of trespass, for cutting and carrying away umber from the piaintiff’s land. The plaintiff’s declaration contained four counts. The defendant pleaded, 1. Not guilty; % Liberum tenement-urn, with a notice of special matter to be given in «,, . ,, , . , evidence at the trial.
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THIS was an action of trespass, for cutting and carrying away umber from the piaintiff’s land. The plaintiff’s declaration contained four counts. The defendant pleaded, 1. Not guilty; % Liberum tenement-urn, with a notice of special matter to be given in «,, . ,, , . , evidence at the trial. The cause was tried before Mr. Justice Yates, at the last circuit in Clinton county. , 0 The plaintiff proved that the defendant, m the years 1810 and 1811, cut from the lot of land in question, 500 spars, worth 2 do!lars each, and 30,000 feet of square timber, worth from 20 to 25 dollars per thousand,…
1Per curiam
A contract to sell and convey land, upon the performance of certain acts, thereafter to be performed, does not, of itself, contain a license to enter,. and especially a license to enter and commit waste, by destroying the timber. Such an in-' ference would be very unreasonable. Upon that supposition, a contract to sell a house and lot, with valuable buildings thereon, would authorize the party to enter, before the happening of the contingency, and pull down the buildings. This very point was decided in the case of Sufferns v. Townsend. (Ante, 35.) Nor does the covenant from one of the…
2Cited by8 opinions
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