Springstein v. Schermerhorn
New York Supreme Court
THIS was an action of trespass guare clausum fregit, anti for Cutting WOod, &C.. In 1707, Killian Van Rensselaer, proprietor of tlie manor of .Rensselaermick, gave a lease in fee, to Jacob Schermerhorn, of a tract of woodland,, now situate in the town of Schodack, in Rensselaer county, containing, by estimation, four hundred; acres of land, more or less.; subject to the yearly rent of one tenth pajrt of the produce of the demised premises.
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THIS was an action of trespass guare clausum fregit, anti for Cutting WOod, &C.. In 1707, Killian Van Rensselaer, proprietor of tlie manor of .Rensselaermick, gave a lease in fee, to Jacob Schermerhorn, of a tract of woodland,, now situate in the town of Schodack, in Rensselaer county, containing, by estimation, four hundred; acres of land, more or less.; subject to the yearly rent of one tenth pajrt of the produce of the demised premises. The lease con-tamed the following clause : “ Together withreasonableesfotws out of the woods of the said manor, for building, fencing, and „ , . . . ii , „…
1Opinion of the CourtPlatt, J.
The only question which it is deemed necessary to consider, is, whether the agreement with Stephen Van Rensselaer, and the acceptance of new leases by Ryers Schermerkorn and his two brothers, in pursuance of that agreement, have operated to devest him and his heirs of their original privilege of cutting wood in those parts of the 400 acre tract which are included in the new leases to Johannes and Hendrick Schermerkorn ?
It is contended, by the plaintiff’s counsel, that the acceptance of the new leases was, virtually, a surrender, in law, of the original lease, and of all rights which the new…
2Cited by9 opinions
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