Jermain v. Booth

By the Court, Beardsley, J.

This was an action “ relating to real estate enumerated in the fifth chapter of” the “ act concerning suits and ministers of justice, and proceedings in civil cases.” (2 R. S. 613, §3; id. p. 338, 302.) It is a penal action given by, and founded on, the sixth title of the chapter referred to. (Id. 338.) It is given to the owner of the real estate on which the trespass is committed, and to him alone, and is therefore not unaptly designated as an action relating to real estate. In all actions of that description enumerated in said fifth chapter, costs are given…