Partridge v. Russell
New York Supreme Court
Appeal from circuit court, Erie county. Action of trespass qu. cl. brought by Sylvander B. Partridge against Leander Bussell. Trial to the court, judgment for defendant, and plaintiff appeals.
1Opinion of the CourtBarker, P. J.
This action was trespass quare clausum fregit. The plaintiff occupies the premises entered as tenant of one Peter Bulger, and in the case the latter is mentioned as the owner. The defendant occupies the lands lying north of those of which the plaintiff is in possession, and the division line runs east and west, and is 2 chains and 42 links in length. The board fence which separated their respective inclosures was torn down by the defendant, and he erected a line of posts, 12 feet to the south, with a view of rebuilding the fence on that line, and this act constitutes the trespass complained…
2Cases cited9 opinions
- Kripp v. CurtisCalifornia Supreme Court · 1886
- Brookman v. . KurzmanNew York Court of Appeals · 1883
- Green v. . CollinsNew York Court of Appeals · 1881
- Tucker v. SmithTexas Supreme Court · 1887
- Long v. ColtonMassachusetts Supreme Judicial Court · 1875
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3Cited by4 opinions
- La Crosse National Bank v. WilsonWisconsin Supreme Court · 1889
- Benjamin v. WelchNew York Supreme Court · 1893
- Smith v. Trustees of the Freeholders & Commonalty of the Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1903
- Donohue v. WhitneyNew York Supreme Court · 1891