Colville v. . Miles
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 1, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 1, 1887, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for new trial. This was an action of replevin, begun October 18, 1886, to recover a quantity of hay, oats and straw grown in that year by a tenant on a farm owned by the plaintiff, which, in April, 1884, was leased with stock, in which the landlord and tenant were jointly interested, for an annual rent of $960, payable in monthly installments of…
1Opinion of the Court
Follett, Ch. J.
Frequently the title to the products of lands leased for agricultural purposes is reserved by the lessor, or a lien is created as security for the payment- of rent, but no such claim is put forward in this case. It is not asserted that the landlord and tenant owned the products jointly, and title was in the one or the other in severalty.
This action was brought and maintained on the theory that the plaintiff held the legal title to the property in question. The only witness who gave evidence in support of the action was the plaintiff who testified: “ As near as I can recollect…
2Cases cited5 opinions
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3Cited by12 opinions
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- Hoggard v. Mayor of MonroeSupreme Court of Louisiana · 1899
- Marshall v. LuizCalifornia Supreme Court · 1897
- In re PlaceDistrict Court, N.D. New York · 1915
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