Dubois v. Kelly
New York Supreme Court
This was an action on the case, tried at the Ulster circuit, in April, 1849, before Mr. Justice Harris. The declaration stated that the plaintiff, being the owner of the reversion of certain premises, situate in the town of Marlborough, of which one Sylvia Ann Mapes was in the possession and occupation, as the plamtiffs tenant, the defendants wrongfully, and without the license of the plaintiff, pulled down a shed, stable, storeroom and barn, standing and being upon the…
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This was an action on the case, tried at the Ulster circuit, in April, 1849, before Mr. Justice Harris. The declaration stated that the plaintiff, being the owner of the reversion of certain premises, situate in the town of Marlborough, of which one Sylvia Ann Mapes was in the possession and occupation, as the plamtiffs tenant, the defendants wrongfully, and without the license of the plaintiff, pulled down a shed, stable, storeroom and barn, standing and being upon the premises, and took and carried away the materials thereof, and converted the same to their own use, whereby the plaintiff…
1Opinion of the Court
By the Court, Harris, J.
Since the trial of this cause, I have had occasion, in the consideration of the case of King v. Wilcomb, (7 Barb. S. C. Rep. 263,) to examine, with much care, the law relating to the right of a tenant to remove fixtures erected by him for his own use and enjoyment, while occupying the premises under his tenancy. The conclusion at which I then arrived was, that a tenant who makes additions to the freehold, or improvements upon it, for the better use or enjoyment of the land, while his interest continues, has the right to remove such additions and improvements at any…
2Cases cited8 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Mumford v. WhitneyNew York Supreme Court · 1836
- Walker v. ShermanNew York Supreme Court · 1839
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Lyon v. LymanSupreme Court of Connecticut · 1831
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3Cited by21 opinions
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- Rhodes v. OtisSupreme Court of Alabama · 1859
- Friedlander v. RyderNebraska Supreme Court · 1890
- Hill v. WentworthSupreme Court of Vermont · 1856
- Bircher v. ParkerSupreme Court of Missouri · 1867
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