Orman v. Phelps
New York Supreme Court
Error from the late court of common pleas of Steuben county. The defendant in error, who was the plaintiff in the court below, declared against the defendants in that court, in trespass, for taking and carrying away twelve tons of hay of the plaintiff, &c. The defendants pleaded not guilty, and gave notice of special matter. At the trial in the court below, in May, 1846, the plaintiff gave the following evidence of the trespass.
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Error from the late court of common pleas of Steuben county. The defendant in error, who was the plaintiff in the court below, declared against the defendants in that court, in trespass, for taking and carrying away twelve tons of hay of the plaintiff, &c. The defendants pleaded not guilty, and gave notice of special matter. At the trial in the court below, in May, 1846, the plaintiff gave the following evidence of the trespass. A witness testified that in the summer of 1845, in haying time, the plaintiff cut the hay in question upon premises then occupied by him, and that before he had…
1Opinion of the Court
By the Court, Welles, J.
The court below charged the jury that the proceedings in partition did not become effectual to sever the interests of the tenants in common in the land, until the record in partition was finally made up and filed. That was done on the 9th of Sept. 1845. The judgment in partition upon the report of the commissioners, was rendered at the term of the court of common pleas held on the first Monday in June, 1845. The hay in question was cut and taken in July following. The premises where the hay grew and was cut were set apart, in the report of the commissioners, to Robert…
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