Ex parte Coburn
New York Supreme Court
Starkweather, at the last term, moved for a mandamus, commanding the Judges of the Otsego Common Pleas to give judgment in favour bf the plaintiff, for his costs in an action of trespass, quare clausum fregit, tried there between Coburn, plaintiff, and Thurston, defendant. One of the pleas was leave and license; to which the plaintiff replied, taking issue.
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Starkweather, at the last term, moved for a mandamus, commanding the Judges of the Otsego Common Pleas to give judgment in favour bf the plaintiff, for his costs in an action of trespass, quare clausum fregit, tried there between Coburn, plaintiff, and Thurston, defendant. One of the pleas was leave and license; to which the plaintiff replied, taking issue. On the trial, the defendant, amongst other things, set up a license from the plaintiff, to draw wood over the locus in quo. Upon this question the evidence was conflicting, but the jury found a verdict for the plaintiff, and assessed the…
1Opinion of the Court
Curia.
This is not like a right of way to which it has been likened in the argument. A right of way is an assignable property: it is a real or chattel interest, according to the' term of its duration, and the former is well known in the law as that sort of real property belonging to the class of incorporeal hereditaments. Not so of a licence to enter upon another’s land, without consideration. This is not an interest. It is a mere authority, revocable at any moment, not in its nature assignable, but limited to the person of the grantee.Giving permission to walk across one’s land is but an…
2Cited by4 opinions
- Owens v. LewisIndiana Supreme Court · 1874
- Jamieson v. MillemannThe Superior Court of New York City · 1854
- Trustees of Caledonia County Grammar School v. KentSupreme Court of Vermont · 1912
- Martin v. HoughtonNew York Supreme Court · 1865