Jamieson v. Millemann
The Superior Court of New York City
This was an action to recover damages for an entry, by the defendant, upon the plaintiff’s close, a lot of ground on Twenty-sixth street in the City of New York, and digging and carrying away the soil.
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This was an action to recover damages for an entry, by the defendant, upon the plaintiff’s close, a lot of ground on Twenty-sixth street in the City of New York, and digging and carrying away the soil. The answer of the defendant denied that the plaintiff was entitled to the possession of the lot described in the complaint upon which the alleged trespass was committed, and averred that he, the defendant, was the owner thereof in fee, and that when he purchased the same he received from the plaintiff full license and permission to enter and build an ice-house and smoke-house thereon, and that…
1Opinion of the CourtDuer, J.
The charge of the judge upon the trial was, in my opinion, entirely correct. There is this resemblance, and this only, between a grant and a license, that each, while it remains in force, protects and justifies an entry upon the lands to which it relates, but the distinctions-that exist between them are such, and so material, as should prevent them, in any case, from being confounded. A grant passes some estate or interest, corporeal or incorporeal, in the lands which it embraces; can only be made by an instrument in writing, under seal, and is irrevocable, when made, unless an express power…
2Cases cited5 opinions
- Mumford v. WhitneyNew York Supreme Court · 1836
- Prince v. CaseSupreme Court of Connecticut · 1835
- Davis v. TownsendNew York Supreme Court · 1851
- Houghtaling v. HoughtalingNew York Supreme Court · 1849
- Ex parte CoburnNew York Supreme Court · 1823
3Cited by15 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Johnson v. SkillmanSupreme Court of Minnesota · 1882
- Babcock v. UtterNew York Court of Appeals · 1864
- Bates v. DuncanSupreme Court of Arkansas · 1897
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