Gillet v. . Roberts
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme' Court in the fourth judicial department, affirming a judgment in favor .of plaintiff entered upon the report of a referee. The action was for the conversion of a quantity of lumber. The facts sufficiently appear in the opinion. Defendant being in possession of the lumber, under a fair purchase, was prima facie the owner thereof.
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Appeal from judgment of the General Term of the Supreme' Court in the fourth judicial department, affirming a judgment in favor .of plaintiff entered upon the report of a referee. The action was for the conversion of a quantity of lumber. The facts sufficiently appear in the opinion. Defendant being in possession of the lumber, under a fair purchase, was prima facie the owner thereof. (Fish v. Skutt, 21 Barb., 333.) To defeat this presumption plaintiff was bound to establish ownership in himself by proving title to the land on which the lumber grew. (Marvin v. Cooper, 26 Barb., 468; Hubbell…
1Opinion of the Court
Earl, C.
I will assume without discussing or deciding it, that upon the facts as disclosed in the evidence, the title to the lumber was in the plaintiff, and that at the time he first demanded it of the defendant he was entitled to it. But I think he failed to show a wrongful conversion of it by the defendant: One Dennis cut and removed this lumber from the land claimed by the plaintiff, and commenced rafting it upon the Cowanesque river. While he was doing so, it was seized and sold by the sheriff of Tioga county, Penn., by virtue of an execution against him. At such sale one Swimely bid it…
2Cases cited6 opinions
- Connah v. HaleNew York Supreme Court · 1840
- Reynolds v. ShulerNew York Supreme Court · 1826
- Twinam v. SwartNew York Supreme Court · 1871
- Wooster v. . SherwoodNew York Court of Appeals · 1862
- Whitney v. SlausonNew York Supreme Court · 1859
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- Kunstsammlungen Zu Weimar v. ElicofonDistrict Court, E.D. New York · 1981
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