Van Rensselaer v. Brice
New York Court of Chancery
This cause came before the court upon exceptions to a master’s report, allowing certain exceptions taken by the complainant to the defendant’s answer for impertinence. The bill was filed for the purpose of restraining the defendant from cutting wood upon certain lands, in the manor of Rensselaerwyck, which were alleged to belong to the complainant.
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This cause came before the court upon exceptions to a master’s report, allowing certain exceptions taken by the complainant to the defendant’s answer for impertinence. The bill was filed for the purpose of restraining the defendant from cutting wood upon certain lands, in the manor of Rensselaerwyck, which were alleged to belong to the complainant. The defence set up by the answer of the defendant was, that the lot upon which he had cut and was continuing to cut wood at the time of the filing of the complainant’s bill, was a part of the common lands of the manor. That such lot had been…
1Opinion of the Court
The Chancellor.
For the purpose of determining whether those parts of the answer to which these exceptions relate are impertinent, the part of the answer which charges the conveyance to the complainant to be fraudulent as against the defendant’s claim to estovers, as well as every other part of the answer, must be taken as true. And each exception should have been overruled, if any part of the answer embraced in such exception was pertinent, or necessary to the defence of the defendant. An exception for impertinence must be "supported in toto ; and if it include any passage which is not…
2Cited by10 opinions
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- Goodrich v. RodneySupreme Court of Minnesota · 1854
- Wilmington & W. R. v. Board of Railroad Com'rsU.S. Circuit Court for the District of Eastern North Carolina · 1898
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