Byrne v. Van Hoesen
New York Supreme Court
THIS was an action of trespass quare clausum fregiiy. for entering the plaintiff’s close, and cutting down and carrying away trees,- &'c.- Plea, the general issue. The plaintiffs proved, at the trial, that the defendant cut wood on a lot called Byrne's lot. The grandfather and father of Albett Vari Loan, the younger, possessed the lot, and after them, Albert, the younger.
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THIS was an action of trespass quare clausum fregiiy. for entering the plaintiff’s close, and cutting down and carrying away trees,- &'c.- Plea, the general issue. The plaintiffs proved, at the trial, that the defendant cut wood on a lot called Byrne's lot. The grandfather and father of Albett Vari Loan, the younger, possessed the lot, and after them, Albert, the younger. The father of the' defendant frequently cut wood there, twenty years ago.- Albert Van Loan, the elder, was possessed of the locus in quo, from 1750 to his death, in 1754. The plaintiffs then produced a deed, dated the 4th of…
1Per curiam
Here was enough shown to maintain the action. The former husband of Polly Byrne died in possession of the locus in quo, and that possession had been transmitted to him from his ancestors. He left three infant children, who are still minors j and on his death his widow entered into possession, and has retained it ever since. Her possession was sufficient to maintain trespass. But the intendment of law is, that she is in possession by right, and entered as guardian in socage to her children, as her entry and perception of the profits have not been accompanied with any acts or declarations…
2Cited by15 opinions
- Putnam v. RitchieNew York Court of Chancery · 1837
- Boyer v. . EastNew York Court of Appeals · 1900
- Kinney v. HarrettMichigan Supreme Court · 1881
- Porter v. BleilerNew York Supreme Court · 1853
- Matter of Application of Mary E. HynesNew York Court of Appeals · 1887
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