Kincaird v. Scott
New York Supreme Court
THIS’ was an action of waste, brought by the plaintiff by hrs guardian. The declaration stated, that John Kincaird was 0 , , , , - - seised, in. his lifetime, and died seised,- of a certain messuage, 7 7 ° y land's, &c. in Hartford, in the county of Washington /' and, by his last will, devised all his real estate in Hartford to the plaintiff, in fee, and appointed the defendant sole executor of his said last will- and testament, and also a trustee of all his goods, &c; lands…
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THIS’ was an action of waste, brought by the plaintiff by hrs guardian. The declaration stated, that John Kincaird was 0 , , , , - - seised, in. his lifetime, and died seised,- of a certain messuage, 7 7 ° y land's, &c. in Hartford, in the county of Washington /' and, by his last will, devised all his real estate in Hartford to the plaintiff, in fee, and appointed the defendant sole executor of his said last will- and testament, and also a trustee of all his goods, &c; lands and tenements, which he might be possessed of, or have title to, at the time of his death, for the plaintiff, until he…
1Opinion of the CourtPlatt, J.
This is an action of waste contra formara statutú The irregularity at the circuit, in directing a nonsuit, instead of putting the defendant to his motion in arrest of judgment, being waived on the argument, the only question is, whether the defendant had such an *371interest in the land, or stood in such a relation to the plaintiff, as to make him liable to this action, under the statute ?
At common law, an action of waste lay only against guardian in chivalry, tenant in dower, and tenant by the curtesy; and not against a tenant for life or years. The reason for the distinction was, that the…
2Cited by5 opinions
- La Frombois v. Jackson ex dem. SmithCourt for the Trial of Impeachments and Correction of Errors · 1826
- Yelverton v. SteeleMichigan Supreme Court · 1879
- Proprietors of Kennebec Purchase v. LaboreeSupreme Judicial Court of Maine · 1823
- Patten v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1876
- Pipher v. LodgeSupreme Court of Pennsylvania · 1827