Adams v. Van Alstyne
New York Court of Appeals
This action originated in a court of a justice of the peace of Columbia county, where the plaintiff sued the defendant in trespass, for driving certain cows and cattle of the plaintiff into his (defendant’s) yard, and keeping them there for a certain length of time. Answer, that the animals were found on the defendant’s field, doing damage to his crops, &c.
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This action originated in a court of a justice of the peace of Columbia county, where the plaintiff sued the defendant in trespass, for driving certain cows and cattle of the plaintiff into his (defendant’s) yard, and keeping them there for a certain length of time. Answer, that the animals were found on the defendant’s field, doing damage to his crops, &c. The answer also averred that the plaintiff and defendant were the owners of adjoining closes, and that the. said cattle, being in the plaintiff’s close, escaped and came upon the defendant’s close, by means of the defect of fences between…
1Opinion of the Court
Denio, Ch. J.
The facts set out in the justice’s return, though not very clearly stated, seem to be substantially as follows: The plaintiff and the defendant were in possession of adjoining farms; that of the plaintiff was a part of a farm formerly owned by Jacob Loop, and the defendant’s farm formerly belonged to John C. Hogeboom. The two farms of Hogeboom and Loop were divided by a line running nearly east and west, that of Hogeboom being on the southerly, and that of Loop on the northerly side of this line, and being, it would appear, of equal width on the division line. A portion of the…
2Cases cited4 opinions
- Hills v. MillerNew York Court of Chancery · 1831
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Wright v. WrightSupreme Court of Connecticut · 1851
3Cited by1 opinion
- Moore v. . HegemanNew York Court of Appeals · 1883