Wintermute v. Light
New York Supreme Court
THIS was an action to recover damages for the conversion of five hundred wine plants. The plaintiff claimed to have." derived title to the plants under a personal mortgage, dated the 26th day of September, 1863, which Was given to him by Matthew Staring.
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THIS was an action to recover damages for the conversion of five hundred wine plants. The plaintiff claimed to have." derived title to the plants under a personal mortgage, dated the 26th day of September, 1863, which Was given to him by Matthew Staring. The plants were set in the ground on a farm in Chemung county, by Staring, in June, 1863. He thefi occupied the farm as tenant of John E. Westlake, and the former continued so to occupy the farm as teriant of the lattei* until the 23d or 26th day of September, 1863, and Staling^ tenancy under Westlake would not have expired until the spring…
1Opinion of the CourtBalcom, J.
The law as to what will pass by a deed of land is stated by Chancellor Kent in his Commentaries, ■'vol. 4, p. 549, 9tfi ed.) to be, that, “Upon a conveyance of .-.and and delivery of possession, it has been adjudged that the growing grain does not pass to the vendee, for it is deemed to be personal estate. (Smith v. Johnson, 1 Penrose, 471.) A contrary rule was, however, previously declared ih Foote v. Calvin, (3 John. 216,) and likewise in Kittredge v. Woods, (3 N. H. Rep. 503.) If the land be sold without any reservation of the crops in the ground, the law is strict, as between vendor and…
2Cases cited3 opinions
- Foote v. ColvinNew York Supreme Court · 1808
- Smith v. JenksCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kittredge v. WoodsSuperior Court of New Hampshire · 1826
3Cited by2 opinions
- Johnson v. TantlingerSupreme Court of Iowa · 1871
- Duffus v. BangsNew York Supreme Court · 1887