Miller v. Decker
New York Supreme Court
THIS case was tried at the Sullivan circuit, in September, 1861, before the justice holding the circuit and a jury. The complaint alleged that the plaintiff was possessed and the owner in fee simple of forty-two acres of land, situated in the town of He ver sink in the county of Sullivan, and that the defendant wrongfully entered said lands and cut and removed bark and timber therefrom, and converted the same to Ms own use, for which the plaintiff claimed to recover damages.
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THIS case was tried at the Sullivan circuit, in September, 1861, before the justice holding the circuit and a jury. The complaint alleged that the plaintiff was possessed and the owner in fee simple of forty-two acres of land, situated in the town of He ver sink in the county of Sullivan, and that the defendant wrongfully entered said lands and cut and removed bark and timber therefrom, and converted the same to Ms own use, for which the plaintiff claimed to recover damages. The answer denied each and all the allegations made in the complaint, and alleged that the defendant was in possession…
1Opinion of the CourtMiller, J.
The defendant, on the trial of this cause, offered to show title to the premises, upon which the alleged trespasses were committed, out of the plaintiff, under a lease executed by the plaintiff’s grantor prior to the conveyance under which the plaintiff claimed; and that 'they had been occupied by the lessee and his grantees, under the lease, up to the time of the trial. The evidence was objected to by the plaintiff and excluded by the judge. The same proposition was renewed afterwards, for the purpose of rebutting the evidence of constructive possession given by the plaintiff, and the same…
2Cases cited6 opinions
- Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
- Corwin v. CorwinNew York Supreme Court · 1850
- Schermerhorn v. Van AllenNew York Supreme Court · 1853
- Heine v. AndersonThe Superior Court of New York City · 1853
- Peel v. ElliottNew York Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Devol v. McIntoshIndiana Supreme Court · 1864
- Delamater v. FolzNew York Supreme Court · 1889
- Farrer v. PiecuchNew York Supreme Court · 1952