Legal Opinion

Donohue v. Whitney

New York Supreme Court

Decided July 11, 1891Published

Appeal from circuit court, Ulster county. Action by James Donohue against Hiram Whitney. From a judgment entered on a verdict for plaintiff, defendant appeals.

1Opinion of the CourtLandon, J.

The plaintiff recovered a verdict against the defendant for wood and timber which the defendant cut upon the land in dispute in this action. Both parties claim to own it. Their lands adjoin, the “Livingston line” being the boundary between them. The land is wild, rugged and uni'enced, and situate upon a mountain side in the town of Shandaken, Ulster ■county, being part of great lot Ho. 8 of the Hardenbergti patent, granted in 1708, and subdivided in 1749, great lot Ho. 8 being again subdivided in 1779, and partitioned among the heirs of Robert R. Livingston. Ho deed, however, earlier than…

2Cases cited4 opinions

  1. Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
  2. Morris v. CallananMassachusetts Supreme Judicial Court · 1870
  3. Partridge v. RussellNew York Supreme Court · 1888
  4. Brandt ex dem, Walton v. OgdenNew York Supreme Court · 1805

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