Potter v. . Cromwell
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court, in the eighth judicial district, affirming judgment for the plaintiff upon the report of a referee. On the twenty-fifth and sixth of May, 1860, eight different judgments were recovered by as many different persons, against Charles E. Sowle, the rolls in which were filed, and the judgments docketed in the county clerk’s office of Erie county.
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Appeal from the judgment of the General Term of the Supreme Court, in the eighth judicial district, affirming judgment for the plaintiff upon the report of a referee. On the twenty-fifth and sixth of May, 1860, eight different judgments were recovered by as many different persons, against Charles E. Sowle, the rolls in which were filed, and the judgments docketed in the county clerk’s office of Erie county. At that time, the judgment debtor owned about four acres of land in the county, on which a building had been erected, which he used as a grist-mill and tannery, the bark-mill and…
1Opinion of the CourtDaniels, J.
The referee held, that the portable grist-mill, for which the plaintiff was permitted “to recover in this action, was not a part of the real estate, at the time of the sale made by the sheriff, but that it was personal property. Whether or not he was correct in this conclusion, is the substantial point, which is involved in the present appeal. For, as the defendant became the purchaser of the real estate, at the sale made by the sheriff, and afterwards received a deed conveying the fee to him, he would not be liable to the plaintiff for the removal and sale of the mill, if that was so affixed…
2Cases cited15 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Walker v. ShermanNew York Supreme Court · 1839
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
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3Cited by72 opinions
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- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Binkley v. ForknerIndiana Supreme Court · 1889
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Ottumwa Woolen Mill Co. v. HawleySupreme Court of Iowa · 1876
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