Legal Opinion

Heath v. Ross

New York Supreme Court

Decided January 15, 1815PublishedCited by 32 opinions

THIS was an action- of trover, for a' quantity of timber,, tried at the Essex circuit, .in June last, before his honour the Ghief Justice. : ^ The plaintiffs produced a-patent to. them for a lot of latid,' comprehending the premises on which ‘the timber was euty dated December 4v 1810, and Which passed the secretary’s office . , :• . ' , . , - • . ' 1 . , , ,. ,• the2Sth oFF)eccmber,l310. . ' . - . A witness testified that tie began to cutxpme timber on thq land the, last ot…

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THIS was an action- of trover, for a' quantity of timber,, tried at the Essex circuit, .in June last, before his honour the Ghief Justice. : ^ The plaintiffs produced a-patent to. them for a lot of latid,' comprehending the premises on which ‘the timber was euty dated December 4v 1810, and Which passed the secretary’s office . , :• . ' , . , - • . ' 1 . , , ,. ,• the2Sth oFF)eccmber,l310. . ' . - . A witness testified that tie began to cutxpme timber on thq land the, last ot rNooember4 J8I0, and continued to cut, until January following ;; that,he, contracted to deliver 1.0,OOTt.' °f timber…

1Per curiam

This ,is an action ,of ‘'troverr to'recover the Valúe of a quantity of timber,, and the principal question, for the purpose of-ascertaining the amount1 of damages, is to determine when the title to the land upon whicti the timber Was cut, -became vested in the plaintiffs. The patent granted to. them *141bears date the 4th day of December, 1810, and passed the secretary’s office on the 28th day of the same month; and the principal part of the timber was cut between these two periods. According to the usage and practice at the secretary’s office, the patent is dated at the time when the grant was…

2Cases cited1 opinion

  1. Jackson ex dem. New Loan Officers v. BullNew York Supreme Court · 1799

3Cited by32 opinions

  1. Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
  2. City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864
  3. United States v. LoughreySupreme Court of the United States · 1898
  4. Spratt v. PriceSupreme Court of Florida · 1881
  5. Brawford v. WolfeSupreme Court of Missouri · 1890

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