Shepard v. Philbrick
New York Supreme Court
Error to the Onondaga O. P. to review a judgment of that court in a cause arising on appeal from the judgment of a justice of the peace. Philbrick brought trover against Shepard for a quantity of wheat growing, which the defendant, as alleged converted, by cutting and drawing it away. On the trial in the C. P. the following facts appeared in evidence.
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Error to the Onondaga O. P. to review a judgment of that court in a cause arising on appeal from the judgment of a justice of the peace. Philbrick brought trover against Shepard for a quantity of wheat growing, which the defendant, as alleged converted, by cutting and drawing it away. On the trial in the C. P. the following facts appeared in evidence. The wheat in question was sown by one Wright upon land then in his possession, in the summer or autumn of 1842. The plaintiff claimed title to it by a purchase on an execution against Wright issued by a justice of the peace.' The judgment was…
1Opinion of the Court
By the Court, Jewett, J.
A growing crop, raised annually by labor and cultivation is, as it respects an execution against .me owner, a mere chattel, and subject as such to be taken and sold under it. (a) A purchaser on such sale acquires the rights and interest of the defendant in the execution to the crop, with the right of ingress, egress and regress for the purpose of gathering and carrying it away. (Whipple v. Foot, 2 John. Rep. 118; Stewart v. Doughty, 9 id. 112.)
The title and interest of Wright in the crop of wheat in question growing upon the mortgaged premises, -was entirely subject to…
2Cases cited4 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lane v. KingNew York Supreme Court · 1832
- Jackson ex dem. Benton v. LaughheadNew York Supreme Court · 1806
- Buys v. GillespieNew York Supreme Court · 1807
3Cited by25 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Samson v. . RoseNew York Court of Appeals · 1875
- Jones v. ThomasIndiana Supreme Court · 1847
- Beckman v. SikesSupreme Court of Kansas · 1886
- Sherman v. . WillettNew York Court of Appeals · 1870
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