Livingston v. Broeck
New York Supreme Court
THIS was an action of trespass for breaking and entering the plaintiff’s close, in the town of Livingston, in the county of Columbia, and treading down, &c. the grass and corn, tearing up, &c. the earth and soil, cutting and carrying away the hay and grain, cutting and carrying away the trees and underwood, and breaking and destroying part of the fences ; and for breaking and entering the plaintiff’s close, in the town of Gallatin, in the said county of Columbia, and cutting…
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THIS was an action of trespass for breaking and entering the plaintiff’s close, in the town of Livingston, in the county of Columbia, and treading down, &c. the grass and corn, tearing up, &c. the earth and soil, cutting and carrying away the hay and grain, cutting and carrying away the trees and underwood, and breaking and destroying part of the fences ; and for breaking and entering the plaintiff’s close, in the town of Gallatin, in the said county of Columbia, and cutting down, &c. the trees and underwood. The defendant pleaded not guilty, with notice, that he would give in evidence, at…
1Opinion of the CourtSpencer, J.
The bill of exceptions in this case presents two questions : 1st, whether the deed from Robert Livingston of the 29th of October, 1694, to Derrick Wessels, granted the right of cutting and carrying away rails for fencing, from the commons of the manor of Livingston ?
2d. Whether that right, if it once existed, has not been extinguished 1
The deed of the 29th of October, 1694, conveys a large tract of land, and gives the right of common of pasture in the woods of the grantor, in the manor of Livingston, unappropriated as regards the whole tract, and contains this clause ; “ and also, for cutting…
2Cited by21 opinions
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- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
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- Trustees of the Freeholders & Commonalty of Southampton v. Mecox Bay Oyster Co.New York Court of Appeals · 1889
- Messer v. OestreichWisconsin Supreme Court · 1881
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