Tobias v. . Cohn
New York Court of Appeals
Appeal from the Supreme Court. The action was trespass, for entering a yard or garden in the possession of the plaintiff, erecting a fence across it and depriving her of the use of more than half the premises.
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Appeal from the Supreme Court. The action was trespass, for entering a yard or garden in the possession of the plaintiff, erecting a fence across it and depriving her of the use of more than half the premises. On the trial before Judge Ingraham, at the New York Circuit, it was proved that the plaintiff was the widow of Silas Tobias, deceased; that at the time of his death and for some time prior thereto, he owned two lots on Fourth street, New York, and three buildings erected on the front portion of such lots; that he occupied part of the house known as Ho. 615, as his dwelling, and the…
1Opinion of the CourtPorter, J.
The plaintiff was entitled" to the use of the entire garden,, as it had been occupied previous to the testa-, tor’s death. She had a life interest in the premises; and, though the declared purpose of the gift was to provide her with a residence, there was no limitation of the estate to a mere right of personal occupancy. She was at liberty to rent the premises ;■ but, when she did so, she parted with her possessory interest during the term of the lease. The court was right, therefore, in dismissing the complaint. The action was for an injury to the possession, which was in the tenant, and not…
2Cases cited1 opinion
- Holmes v. SeelyNew York Supreme Court · 1838
3Cited by7 opinions
- In re Schenectady Trust Co.Appellate Division of the Supreme Court of the State of New York · 1938
- Arneson v. SpawnSouth Dakota Supreme Court · 1891
- Schell v. SchellCalifornia Court of Appeal · 1946
- In re the Estate of HolzwasserNew York Surrogate's Court · 1941
- In re LarkinAppellate Division of the Supreme Court of the State of New York · 1937
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