Legal Opinion

Vandyck v. Van Beuren

New York Supreme Court

Decided May 15, 1803PublishedCited by 10 opinions

THIS was an aftion of trefpafs quare claufum fregit, for entering and cutting wood in five feveral lots in De Bruyn’s patent in the county of Columbia. The plea was, not guilty, with notice that the defendants were tenants in common of the loci in quibus, and were feized in fee of a ninth part thereof.

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THIS was an aftion of trefpafs quare claufum fregit, for entering and cutting wood in five feveral lots in De Bruyn’s patent in the county of Columbia. The plea was, not guilty, with notice that the defendants were tenants in common of the loci in quibus, and were feized in fee of a ninth part thereof. The caufe had been firft tried before his honour the Chief Juftice, at a Circuit Court in Columbia County, on the 25th June 1800. The fafts were briefly thefe : Stephanus Van Alen, by his will of the 17th May 1740, devifed inter alia as follows : xs refpective heirs and affigns, each the juft…

1Per curiam

On the trial it was proved by the plaintiffs that they did then, and for about twenty years preceding had lived on De Bruyn’s patent; that they had a houfe and orchard and 28 acres adjoining the fame, as early as 20 years preceding, and that they held other parcels of land; that the patent was divided in 1793, and the plaintiffs then took aélual pofíéfíion of the loci in quibus, which were uncleared wood lots, and that the defendants had cut wood in fome of them ; that in 1796, the plaintiffs had leafed parts of the lots contained in the declaration; that the plaintiffs claimed the whole of…

2Cited by10 opinions

  1. Schauber v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
  2. Dubois v. CampauMichigan Supreme Court · 1873
  3. Riker v. . LeoNew York Court of Appeals · 1889
  4. Zapf v. CarterAppellate Division of the Supreme Court of the State of New York · 1902
  5. Alston v. . LeaSupreme Court of North Carolina · 1860

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