Van Deusen v. Young
New York Supreme Court
THIS was an appeal "by the defendant from a judgment rendered in February, 1856, in favor of the plaintiffs, upon the report of a referee. The plaintiffs are the devisees and heirs at law of Lawrence Van Deusen, late of Albany county, deceased, and the defendant was the vendee, under a contract of sale, of the farm of said Van Deusen.
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THIS was an appeal "by the defendant from a judgment rendered in February, 1856, in favor of the plaintiffs, upon the report of a referee. The plaintiffs are the devisees and heirs at law of Lawrence Van Deusen, late of Albany county, deceased, and the defendant was the vendee, under a contract of sale, of the farm of said Van Deusen. Such contract was made between the defendant and Mary Van Deusen as the executrix of her deceased husband, but there was in his will no power of sale conferred upon the executrix. Lawrence Van Deusen died in October, 1853, having first made a will by which he…
1Opinion of the Court
By the Court, Hogeboom, J.
The principal question to be determined in this case is, whether this action can be sustained under the provisions of the statute “ Of trespass on lands.” (2 R. S. 338, § 1.) The defendant claims that it cannot be : 1. Because the provisions of the act are designed only'to embrace parties who have a present estate in possession in the premises, and not remaindermen. 2. Because they are designed to embrace only cases of actual trespass, and this is not of that character. 3. Because the suit is defective on account of an excess, as well as a defect of parties. 4.…
2Cases cited12 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Kidd v. DennisonNew York Supreme Court · 1849
- Giles v. O'TooleNew York Supreme Court · 1848
- Lamoure v. CarylNew York Supreme Court · 1847
- Joy v. HopkinsNew York Supreme Court · 1847
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3Cited by9 opinions
- Ardesco Oil Co. v. GilsonSupreme Court of Pennsylvania · 1870
- Carpenter v. RobinsonU.S. Circuit Court for the District of Rhode Island · 1871
- Nixon v. StillwellNew York Supreme Court · 1889
- Disbrow v. Westchester Hardwood Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Duncan v. BerlinThe Superior Court of New York City · 1868
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