Joslyn v. Rockwell
New York Supreme Court
Appeal from circuit court, Warren county. Action by Harriet E. Joslyn, as administratrix of Ai Joslyn, deceased, against George H. Rockwell and others, for trespass in wrongfully entering upon certain wild lands of plaintiff’s grantor and assignor, and cutting and converting wood and timber.
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Appeal from circuit court, Warren county. Action by Harriet E. Joslyn, as administratrix of Ai Joslyn, deceased, against George H. Rockwell and others, for trespass in wrongfully entering upon certain wild lands of plaintiff’s grantor and assignor, and cutting and converting wood and timber. Plaintiff claimed title through various intermediate conveyances, by virtue of two deeds of the land in question from the comptroller of the state to Garret Smith, on sales for non-payment of taxes on said lands, assessed as on non-resident lands. The defendants claimed title under a prior deed of the…
1Dissent
Mayham, J.,
(dissenting.) This is an appeal from a judgment entered upon a verdict of a jury in favor of the defendants. The action was for trespass in wrongfully entering upon lands of plaintiff’s grantor and assignor, and cutting and converting wood and timber, and for the recovery of treble damage under the provisions of section 1668 of the Code of Civil Procedure. The complaint alleges that the defendants were co-partners in the lumbering business, and that without leave they entered upon a tract of wild land belonging to Elizabeth Miller and Elizabeth F. Smith, and wrongfully and…
2Cases cited5 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Rosenwald v. HammersteinNew York Court of Common Pleas · 1884
- Brown Bros. Electrical Contractors, Inc. v. Beam Construction Corp.New York Court of Appeals · 1977
- People v. TurnerNew York Supreme Court · 1888
- McEncroe v. DeckerNew York Supreme Court · 1879