Bronk v. Becker
New York Supreme Court
"Error from the Albany common pleas. Becker sued Bronk, to recover the expense of repairing Bronk's proportion of a division fence. It appearing on the trial of the cause that Becker, at the time of the repair of the fence, was a mere tenant at will or sufferance under his father, who was the owner of the fee. the defendant objected that he was not entitled to sustain his [321] action; which objection was overruled by the court, and the defendant excepted.
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"Error from the Albany common pleas. Becker sued Bronk, to recover the expense of repairing Bronk's proportion of a division fence. It appearing on the trial of the cause that Becker, at the time of the repair of the fence, was a mere tenant at will or sufferance under his father, who was the owner of the fee. the defendant objected that he was not entitled to sustain his [321] action; which objection was overruled by the court, and the defendant excepted. The plaintiff produced the appraisement of the fence viewers of the expense incurred by the neglect of the defendant to make his…
1Opinion of the Court
.By the Court,
Nelson, Ch. J.
The only question material to notice in this case is, whether the plaintiff below showed a sufficient interest or estate in the premises occupied by him to warrant the proceedings under the statute, and the recovery of the expense of building the defendant’s half of the division fence. The first act on this subject was passed 7th March, 1788, Greenl. ed. of the Laws, p. 172, § 18, and provided, “ that where the lands or meadows of any two or more persons shall join each other, each of them shall make and maintain a just proportion of the division or partition fence…
2Cases cited1 opinion
- Cumming v. DeviseesNew York Supreme Court · 1823
3Cited by5 opinions
- Bromley v. Mollnar, New York County Courts1942
- Perkins v. PerkinsNew York Supreme Court · 1865
- Barton v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1913
- Barton v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1913
- Ryan v. Rochester & Syracuse RailroadNew York Supreme Court · 1854