Renaudet v. Crocken
New York Supreme Court
THIS was an action of trespass quare clausum fregit tried at the May circuit for the county of Saratoga in the year 1803, before his honor Mr. Justice Kent.
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THIS was an action of trespass quare clausum fregit tried at the May circuit for the county of Saratoga in the year 1803, before his honor Mr. Justice Kent. The only . . . . J questions raised for the determination of the court were : 1st. Whether if a trespass be committed in a part of a town, which, by a division made before the commencement of the action, is annexed to another township, the plaintiff can declare as for a trespass committed in the township where the locus in quo was originally situated ? 2d. Whether, a surveyor, acting under the authority of a person appointed by virtue of…
1Per curiam
Delivered by Livingston, justice.
1. 'The trespass having been committed in 1797, at a place then within the town of Saratoga, the plaintiffs had a right to allege it was done, in that town according to the truth of the case without regard to its subsequent | division.. The judge therefore properly over-ruled this objedtion.. 2d. It was not necessary to produce the plaintiffs letter of attorney to Beriah Palmer. The objedh of Baldwin’s testimony was to- shew that Jacobs lived on a lot of the plaintiff’s, and acknowledged his right; that it was then regarded as the plaintiff’s, taken care of as…
2Cited by4 opinions
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