Emans v. Turnbull
New York Supreme Court
Tflis was an action of trespass, for assaulting the plain- * * tiff, and stopping and detaining him and his horse and waggon, for the space of twenty minutes, at Gravesend, in King's county. 1. The general issue. 2. Son assault demesne, to which the plaintiff replied de injuria propria, gc. 3. That the defendant, Turnbull, before and at the time of the trespass was possessed of a certain close in Gravesend, and of the sea-weed which laid on the ground in the close; and being…
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Tflis was an action of trespass, for assaulting the plain- * * tiff, and stopping and detaining him and his horse and waggon, for the space of twenty minutes, at Gravesend, in King's county. 1. The general issue. 2. Son assault demesne, to which the plaintiff replied de injuria propria, gc. 3. That the defendant, Turnbull, before and at the time of the trespass was possessed of a certain close in Gravesend, and of the sea-weed which laid on the ground in the close; and being so possessed, &c. the 01 plaintiff, with force and arms entered the said close and took a large quantity of the…
1Opinion of the Court
Kent, Ch. J.
The first question arising upon this
case is, who is seized in fee of the locus in quo ?■ Does it reside in the inhabitants'of Gravesend, or in Turnbull, the defendant ? By the agreement of 1670 it was evidently intended to convey the fee of the neclc to Brown. It is stated to be a final agreement or determination, concerning certain parcels of land lately in controversy between the parties, and the order of governor Lovelace of the preceding year stated that the title to the neck was one of the subjects of controversy. The agreement declares that the said parcels of land shall be…
2Cited by11 opinions
- Mulry v. . NortonNew York Court of Appeals · 1885
- Coffin v. StorerMassachusetts Supreme Judicial Court · 1809
- Welch v. HicksNew York Supreme Court · 1826
- Atlantic Mut. Ins. v. Bird & NeilsonThe Superior Court of New York City · 1867
- Clement v. BurnsSupreme Court of New Hampshire · 1862
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