McBurney v. Cutler
New York Supreme Court
This was an action for trespass upon land, in cutting and carrying away timber. The defendants, by their answer, denied the facts 'stated in the complaint, and alleged that they were the owners of the lot of land described in the complaint; also that the same belonged to one McCoy, and that they entered by his authority, license and permission. The cause was tried at the Steuben circuit, in November, 1851, before Justice Johnson and a jury.
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This was an action for trespass upon land, in cutting and carrying away timber. The defendants, by their answer, denied the facts 'stated in the complaint, and alleged that they were the owners of the lot of land described in the complaint; also that the same belonged to one McCoy, and that they entered by his authority, license and permission. The cause was tried at the Steuben circuit, in November, 1851, before Justice Johnson and a jury. It was admitted that the title to the land was originally in Oliver Phelps and Nathaniel Gorham, and that Ephraim Patterson was one of the six original…
1Opinion of the Court
By the Court, T. R. Strong, J.
It is stated in the bill of exceptions that the plaintiffs produced and read in evidence the second part of a deed, of lease and release from Ephraim Patter* *207son to Ichabod Patterson, dated November 4, 1791, conveying the lands in question, and containing a covenant of general warranty. When the plaintiffs closed their evidence in support of their title to the lands, the defendants’ counsel objected that the evidence of title was not sufficient, on the ground that the lease was not produced, and on another ground which is not now relied on. As the terms of the…
2Cases cited5 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Tayloe v. RiggsSupreme Court of the United States · 1828
- Beddoe's v. WadsworthNew York Supreme Court · 1839
- Lynch v. LivingstonNew York Supreme Court · 1850
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