Holladay v. Marsh
New York Supreme Court
s was ah actioh of trespass, tried at the Schéúectady circuit, in September, 1827, before the Hon. William A. Í)uer, one of the circuit judges. The, declaration was in trespass quare clausum fregit and de bonis asportatis. The defendant pleaded the general issue, and gave notice of special matter intended to be given in evidence. Thii The parties were owners of adjoining lands, between which there was a division fence, extending on a line north and south.
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s was ah actioh of trespass, tried at the Schéúectady circuit, in September, 1827, before the Hon. William A. Í)uer, one of the circuit judges. The, declaration was in trespass quare clausum fregit and de bonis asportatis. The defendant pleaded the general issue, and gave notice of special matter intended to be given in evidence. Thii The parties were owners of adjoining lands, between which there was a division fence, extending on a line north and south. By agreement between the parties, the south half of the fence had been maintained by the plaintiff, and the north half by the defendant. On…
1Opinion of the Court
By the Court,
Savage, Ch. J.
In order to have a clear understanding of the existing rights of the parties, it will be useful to enquire what were their relative rights and duties at common law, and what alterations are made by the statute.
“At common law,” says Ch. Justice Parsons, in Rust v. Low, (6 Mass. R. 94,) “ the tenant of a close was not obliged to fence against an adjoining close, unless by force of prescription; but he was at his peril to keep his cattle on his own close, and to prevent' them from escaping; and if they escaped, they might be taken on whatever land they might be found…
2Cases cited1 opinion
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
3Cited by13 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Haigh v. BellWest Virginia Supreme Court · 1895
- Caulkins v. MathewsSupreme Court of Kansas · 1869
- Woodruff v. NealSupreme Court of Connecticut · 1859
- People v. FossMichigan Supreme Court · 1890
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