Hornbeck v. Westbrook
New York Supreme Court
IN error, on certiorari, from a justice's court. The return in the first cause, stated that the parties voluntarily appeared before the justice, and Westbrook, the defendant in error, declared against Hornbeck, the plaintiff in error, in an action of trespass qvare clausumfregit; and for cutting wood, &c. the 1st of April, 1810, on a certain tract of land, which Jacob De Wilt and others, trustees of the town of Rochester, by virtue of the patent to them, by deed, on the 6th…
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IN error, on certiorari, from a justice's court. The return in the first cause, stated that the parties voluntarily appeared before the justice, and Westbrook, the defendant in error, declared against Hornbeck, the plaintiff in error, in an action of trespass qvare clausumfregit; and for cutting wood, &c. the 1st of April, 1810, on a certain tract of land, which Jacob De Wilt and others, trustees of the town of Rochester, by virtue of the patent to them, by deed, on the 6th of January, 1728, conveyed in fee to Cornelius Hornbeck, for a valuable consideration. The defendant pleaded and…
1Per curiam
The proviso in the deed of 1728 was null and void. The inhabitants of the town of Rochester were not incorporated, so as to be competent to take an estate in fee; A grant to them would have been void for uncertainty, in like manner as a grant would be void to the churchwardens of a parish, orto the inhabitants of Dale, or to the commoners of such a waste. (Shep. Touch. 236. Co. Litt. 3. a.) It was decided, at the last term, that a grant to the people of the county of Otsego was void, for the samé reason. (Jackson, ex dem. Cooper, &c. v. Cory, 8 Johns. Rep. 385.) The grantors in the deed of…
2Cited by30 opinions
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- Blackman v. . StrikerNew York Court of Appeals · 1894
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- Fairchild v. North-Eastern Mutual Life Ass'nSupreme Court of Vermont · 1879
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