De Puy v. . Strong
New York Court of Appeals
Appeal from a judgment of the supreme court in the third judicial district. This action was brought by Thomas R. H. Depuy and others (the present appellants) against Austin Strong and others (the, respondents), to recover damages for entering upon lands, cutting timber, and removing therefrom timber and bark.
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Appeal from a judgment of the supreme court in the third judicial district. This action was brought by Thomas R. H. Depuy and others (the present appellants) against Austin Strong and others (the, respondents), to recover damages for entering upon lands, cutting timber, and removing therefrom timber and bark. The complaint set forth that the plaintiffs owned certain individual interests in the lands in question, with other necessary averments charging the defendants with trespassing thereon. The defendants demurred to the complaint, on the ground of a defect of necessary parties plaintiff.…
1Opinion of the CourtGrover, J.
The law in this State, prior to the enactment of the Code, was settled, that tenants in common must all join in an action of trespass to recover damages for injuries to real estate held in common (Hill v. Gibbs, and eases cited, 5 Hill, 56). The rule applied to personal, and not to realty actions. It was founded upon the idea that it was an injury to the possession, and that as the possession of one tenant' in common was regarded as the possession of all, the injury was to them joint right, and therefore all must join hi prosecuting the remedy. The law having been so determined, it must still…
2Cases cited4 opinions
- Austin v. HallNew York Supreme Court · 1816
- Baggott v. BoulgerThe Superior Court of New York City · 1853
- Donnell v. . WalshNew York Court of Appeals · 1865
- Osgood v. WhittelseyNew York Supreme Court · 1860
3Cited by22 opinions
- Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Crippen v. . MorssNew York Court of Appeals · 1872
- Commonwealth Water Co. v. BrunnerAppellate Division of the Supreme Court of the State of New York · 1916
- MacFarland v. StateNew York Court of Claims · 1941
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