Sellick & Sellick v. Addams
New York Supreme Court
THIS was an action of trespass, for cutting timber on certain land in the town of Phillipstown, in the county of Putnam. The cause was tried at the Putnam circuit, in September, 1817. The plaintiffs were two of the heirs at law of their father, Gould John Sellick, who died about three years before the trial, leaving eight other children, from two of whom the plaintiffs had deeds for their undivided part of their father’s estate.
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THIS was an action of trespass, for cutting timber on certain land in the town of Phillipstown, in the county of Putnam. The cause was tried at the Putnam circuit, in September, 1817. The plaintiffs were two of the heirs at law of their father, Gould John Sellick, who died about three years before the trial, leaving eight other children, from two of whom the plaintiffs had deeds for their undivided part of their father’s estate. The plaintiffs proved that they were in possession °f the premises, and that the defendant had cut timber upon them. The defendant gave in evidence a bond executed by…
1Per curiam
This is an action of trespass quart clausum fregit; and the plaintiff’s right to recover is fully established, unless the alleged trespass was justified by the award which was set up on the part of the defendant. By the award, the locus in quo is considered as belonging to the defendant. Two objections have been made to this award: 1st. That it is not warranted by the submission ; 2d. That it never was delivered to the parties.
The submission does not specify any particular matters submitted, nor does it mention any existing differences relative to lands; but is a general submission of all…
2Cited by16 opinions
- Cox v. JaggerNew York Supreme Court · 1824
- Shaw v. StateSupreme Court of Alabama · 1899
- Davis v. TownsendNew York Supreme Court · 1851
- French v. NewNew York Supreme Court · 1855
- Jackson ex dem. Edson v. GagerNew York Supreme Court · 1826
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