Machin v. Geortner
New York Supreme Court
Error from the Montgomery common pleas. Geortner sued Machín in a justice’s court, and declared against him in trespass quare clausumfregit for entering upon his premises, and cutting, damaging and destroying timber and bushes, standing and growing thereon. The defendant pleaded the general issue, and gave notice that he would prove that he enterec} as a surveyor, to ascertain the boundaries of land sold for non-payment of quit-rent.
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Error from the Montgomery common pleas. Geortner sued Machín in a justice’s court, and declared against him in trespass quare clausumfregit for entering upon his premises, and cutting, damaging and destroying timber and bushes, standing and growing thereon. The defendant pleaded the general issue, and gave notice that he would prove that he enterec} as a surveyor, to ascertain the boundaries of land sold for non-payment of quit-rent. The cause was tried by a jury,"who found a verdict for the plaintiff for $45 damages; oil which the justice rendered judgment. The defendant appealed to the…
1Opinion of the Court
By the Court,
Sutherland, J.
The plaintiff in error contends that the plaintiff below failed, 1. To show himself in the actual possession of the locus in quo; and as he exhibited no paper title, he. was not entitled to recover; and 2. That the court erred in rejecting the evidence which he offered in mitigation of damages.
The evidence was abundantly sufficient to establish the plaintiff’s actual possession of the premises in question. It was shown that the lot on which the trespass was committed, had been used as the wood lot to the farm on which the plaintiff lived, for about 20 years ; that…
2Cases cited1 opinion
- Dewey v. BordwellNew York Supreme Court · 1832
3Cited by9 opinions
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Young v. . ShulenbergNew York Court of Appeals · 1901
- Argotsinger v. . VinesNew York Court of Appeals · 1880
- Davis v. EasleyIllinois Supreme Court · 1851
- Langworthy v. MyersSupreme Court of Iowa · 1856
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