Legal Opinion

Brown v. Burnap

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 3 opinions

Appeal by the defendant,. Isaac Burnap, from a. judgment of the .-County Court of Cheiiango county in favor of- the plaintiff, entered in the office of'the clerk of the county of Chenango, on the.loth ■day of June, 1896, which modified, and" affirmed as modified-, a judgment in favor of the plaintiff rendered by a justice of the peace. . -' .• The defendant leased his farm to- one White to work, on shares.

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Appeal by the defendant,. Isaac Burnap, from a. judgment of the .-County Court of Cheiiango county in favor of- the plaintiff, entered in the office of'the clerk of the county of Chenango, on the.loth ■day of June, 1896, which modified, and" affirmed as modified-, a judgment in favor of the plaintiff rendered by a justice of the peace. . -' .• The defendant leased his farm to- one White to work, on shares. W.hi-te held possession of the farm. under such leasing from March 1, 1894,, until the early part of July, and then abandoned it. . At the ■ time he left there were eleven firkins- of…

1Opinion of the Court

Parker, P. J.:

This action is brought, and- plaintiff has recovered, upon the theory that by the bill of sale from White to him, he succeeded to White’s undivided interest in the property mentioned therein, and that the defendant has converted such interest to his own use. Unless that claim is a correct one this judgment cannot be sustained.

The plaintiff contends that White and the defendant were tenants in common of-the property; that by -the bill of sale and the agreement under which it was given, White in effect mortgaged to him his undivided one-half, and (conceding such mortgage to be a…

2Cases cited4 opinions

  1. Osborn v. . SchenckNew York Court of Appeals · 1880
  2. Lobdell v. . StowellNew York Court of Appeals · 1872
  3. Channon v. LuskNew York Supreme Court · 1870
  4. Lobdell v. StowellNew York County Court, Chenango County · 1865

3Cited by3 opinions

  1. Felts v. CollinsAppellate Division of the Supreme Court of the State of New York · 1901
  2. Felts v. CollinsAppellate Division of the Supreme Court of the State of New York · 1901
  3. Warner v. CecilAppellate Terms of the Supreme Court of New York · 1914

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