Franklin v. Talmadge
New York Supreme Court
THIS was an action of trespass quare clausum fres'it, . , , . 1 Y / for cutting down and carrying away pme timber from , , the land oí the plaintiffs. 1 he cause was tried at the last Oneida circuit, before Mr. Justice Tates.
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THIS was an action of trespass quare clausum fres'it, . , , . 1 Y / for cutting down and carrying away pme timber from , , the land oí the plaintiffs. 1 he cause was tried at the last Oneida circuit, before Mr. Justice Tates. At the trial, the plaintiff’s counsel produced a perfect title to Abraham Franklin? Samuel Franklin, and William T. Robinson, in the locus in quo ; the defendant’s counsel obj ected to the deed, on account of the variance as to the name of William Robinson, named in the declaration. The plaintiffs’ counsel offered to prove that one of the plaintiffs in the cause is as…
1Per curiam
A new trial must be awarded with costs to abide the event. The addition of the letter T. between the Christian and surname of one of the plaintiffs, did not affect the grant, which was to be taken benignly for the grantee. It was no part of his name, for the law knows only of one Christian name. (Co. Litt. 3. a. 1 Ld. Raym. 562. Vin. tit. Misnomer, c. 6. pl. 5. and 6.) And it was perfectly competent for the plaintiff to have shown, if necessary, that one of the plaintiffs was known, as well *85with, as without the insertion of the letter T. in the middle of his name; though even that was not…
2Cited by35 opinions
- People v. CookNew York Supreme Court · 1852
- Keene v. MeadeSupreme Court of the United States · 1830
- Mudge v. TreatSupreme Court of Alabama · 1876
- Edmundson v. StateSupreme Court of Alabama · 1850
- Long v. CampbellWest Virginia Supreme Court · 1893
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