Worrall v. . Parmelee
New York Court of Appeals
On error from the supreme court. Richard W. Parmelee sued William H. Worrall, in July, 1846, before a justice of the peace, and declared in trespass for entering his close and cutting down and carrying away a field of rye. The defendant pleaded not guilty, and gave notice that he would show a license to enter from the grantor of the plaintiff, and that the rye was his property.
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On error from the supreme court. Richard W. Parmelee sued William H. Worrall, in July, 1846, before a justice of the peace, and declared in trespass for entering his close and cutting down and carrying away a field of rye. The defendant pleaded not guilty, and gave notice that he would show a license to enter from the grantor of the plaintiff, and that the rye was his property. On the trial the plaintiff proved that he was in possession of the premises at the time of the alleged' trespass, which was about July 1, 1846, and that he had been in possession since the 1st of May previous; also…
1Opinion of the CourtJewett, C. J.
It may be inferred from the facts proved, that prior to April or May, 1846, Gridley was the owner of the land on which the trespass is alleged to have been committed by the defendant, and that while thus being the owner, Brower had occupied the premises as his tenant until some three months prior to May, and had sowed it with rye; to whom the crop belonged at the time Gridley sold arid'delivered possession of the premises in April or May to Parmelee. It does not seem, from the justice’s return, that Parmelee claimed to have become the owner of the rye as purchaser of the land on which it was…
2Cited by16 opinions
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Nickerson v. . RugerNew York Court of Appeals · 1879
- Barnes v. . KeeneNew York Court of Appeals · 1892
- Hodnett's Adm'x v. Pace's Adm'rSupreme Court of Virginia · 1888
- In re Estate of NakuapaHawaii Supreme Court · 1872
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