Livingston v. Potts
New York Supreme Court
THIS was an action of trespass, quare clausum fregit,. which was tried at the Columbia circuit, in September, 1816. The plaintiff derived his title to the locus in quo, which was a piece of uninclosed wood land, situate in the manor Livingston, from his father Robert Livingston, who was fbe proprietor of the whole manor; the defendant’s trespass consisted in cutting and carrying away several loads of r ° ° J fire wood.
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THIS was an action of trespass, quare clausum fregit,. which was tried at the Columbia circuit, in September, 1816. The plaintiff derived his title to the locus in quo, which was a piece of uninclosed wood land, situate in the manor Livingston, from his father Robert Livingston, who was fbe proprietor of the whole manor; the defendant’s trespass consisted in cutting and carrying away several loads of r ° ° J fire wood. The defendant, having pleaded the general issue, with notice of justification, produced a lease from Robert Livingston to Jerry Stever, executed the 10th of June, 1788, for two…
1Per curiam
The twelve acres of woodland included in the new lease to the defendant, are not stated to be waste and uninclosed ; therefore, they do not appear to be part of the commons out of which the estovers might originally have been taken, under the lease to Stever: so that the question which arose in the case of Livingston v. Ten Broeck, does not arise here. We are, however, clearly of opinion, that accepting a new lease, by deed, from the reversioner, for the same premises, operated as a surrender in law of the old lease. Besides, the defendant not only accepted a new lease, but took a conveyance,…
2Cited by7 opinions
- Telford v. FrostWisconsin Supreme Court · 1890
- McGregor v. . B'd of Ed'n of City of N.Y.New York Court of Appeals · 1887
- Lawrence v. . BrownNew York Court of Appeals · 1851
- Enyeart v. DavisNebraska Supreme Court · 1885
- Hoag v. CarpenterAppellate Court of Illinois · 1886
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