Legal Opinion

Clark v. Holdridge

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 6 opinions

Appeal by the defendants, Martin L. Holdridge and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Greene on the 27th day of January, 1896, upon the report of a referee. The action was brought to recover treble damages for trees cut by the defendants and for an injunction. The judgment was for single damages and for an injunction.

1Opinion of the CourtLandon, J.

Unless the tax title to the thirty acres, upon which the defendants rely, is good, the plaintiffs established title in themselves to the whole of lot 63, containing 589 acres and not subdivided. It includes the 30 acres in question upon which the defendants cut down the trees .and removed 400 logs cut therefrom. The plaintiffs deduce their title by successive conveyances, beginning with a grant from the State in 1816. The land is mountain woodland, in Greene county, and has never been inclosed. It is objected that title was- not shown to be in the State in 1816. The grant from the State as…

2Cases cited6 opinions

  1. Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
  2. Wendell v. Jackson ex dem. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
  3. Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
  4. Zink v. . McManusNew York Court of Appeals · 1890
  5. The People v. . the Rector, C., of Trinity ChurchNew York Court of Appeals · 1860

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3Cited by6 opinions

  1. Whitaker v. McGeeAppellate Division of the Supreme Court of the State of New York · 1985
  2. Wood v. WeaverCourt of Appeals of Virginia · 1917
  3. People ex rel. National Park Bank v. MetzAppellate Division of the Supreme Court of the State of New York · 1910
  4. Hennepin Improvement Co. v. SchusterNew York Supreme Court · 1910
  5. Dyke v. National Transit Co.Appellate Division of the Supreme Court of the State of New York · 1897

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