Hathaway v. . Payne

This action is trespass, for cutting down and carrying away trees; was tried at Ontario Circuit, by a judge without a jury. Judgment was given for the defendant for costs. This judgment was affirmed at General Term in the Sixth District, from which an appeal was brought to this court. The judge at the trial found the following facts: “ That the deed from Gideon Payne and wife to the defendant, a copy of which is hereto annexed marked A, the bond of defendant to them, a copy of which is hereto annexed, marked B, and the bond of Gideon Payne and wife to defendant, a copy of which is also hereto…