Van Rensselaer v. Radcliff
New York Supreme Court
Error from the Albany common pleas. Stephen Van Rensselaer, jun. sued Jacob I. Radcliff, in an action of trespass for entering a certain close in the town of Guilderland, called the black swamp, describing it by metes and bounds, and cutting and carrying away timber. The defendant pleaded the general issue, and accompanied the same with notice of special matter.
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Error from the Albany common pleas. Stephen Van Rensselaer, jun. sued Jacob I. Radcliff, in an action of trespass for entering a certain close in the town of Guilderland, called the black swamp, describing it by metes and bounds, and cutting and carrying away timber. The defendant pleaded the general issue, and accompanied the same with notice of special matter. On the trial the plaintiff produced in evidence a lease from Stephen Van Rensselaer, proprietor of the manor of Rensselaerwyck to him, bearing date 1st November, 1819, demising all the unappropriated lands in the towns of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
Common or a right of common, is a right or privilege which several persons have to the produce of the lands or waters of another. Thus, common of pasture is a right of feeding the beasts of one person on the lands of another ; common of estovers is the right a tenant has of taking necessary wood and timber from the woods of the lord for fuel, fencing, &c.; common of turbary and piscary are in like manner rights which tenants have to cut turf or *648take fish in the grounds or waters of the lord. All these rights of common were originally intended for the benefit of…
2Cited by10 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Caldwell v. FultonSupreme Court of Pennsylvania · 1858
- Negaunee Iron Co. v. Iron Cliffs Co.Michigan Supreme Court · 1903
- Grubb v. BayardU.S. Circuit Court for the District of Eastern Pennsylvania · 1851
- Ledbetter v. FitzgeraldSupreme Court of Arkansas · 1839
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