Decker v. Hunt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Abram Hunt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 20th day of December, 1904, upon the report of a referee. The plaintiff commenced this action against the defendant for ■trespassing upon her lands and cutting and taking timber therefrom.
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Appeal by the defendant, Abram Hunt, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the 20th day of December, 1904, upon the report of a referee. The plaintiff commenced this action against the defendant for ■trespassing upon her lands and cutting and taking timber therefrom. The action was referred to a referee, who rendered a report in favor of the plaintiff, and from the judgment entered thereon this appeal is taken.
1Opinion of the Court
Parker, P. J.:
The plaintiff, upon.this -appeal may claim that the following facts have been established.: - .
In 1856 Charles More was the owner of two farms, the dividing line between them running nearly north and south. , On April 10, 1856; he contracted to «ell the westerly of such farms, describing it by metes and bounds, to one Bloomburg. Such contract contained a reservation of the timber on the south end of the farm. .J.ust what its phraseology was is not certain, as it has been lost; but it is not very material as that contract, having been assigned from Bloom-burg to one Powell, More;…
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