Snedeker v. Warring
New York Court of Appeals
Appeal from a judgment of the supreme court. James Thom, the sculptor, being the owner of a farm situate in the county of Rockland, in the year 1842 executed a mortgage upon it to one Crum. Subsequently he erected upon it a dwelling-house of red stone, in the Gothic style, and at the same time erected a sun-dial, and prepared a base in the lawn in front of the house and placed upon the latter a colossal statue of Washington.
Read the full summary
Appeal from a judgment of the supreme court. James Thom, the sculptor, being the owner of a farm situate in the county of Rockland, in the year 1842 executed a mortgage upon it to one Crum. Subsequently he erected upon it a dwelling-house of red stone, in the Gothic style, and at the same time erected a sun-dial, and prepared a base in the lawn in front of the house and placed upon the latter a colossal statue of Washington. In 1849 the defendant purchased the farm and its appurtenances, on a sale thereof by virtue of the mortgage, and took possession of the premises, the' dial and statue…
1Opinion of the CourtParker, J.
The facts in this case are undisputed, and it is a question of law whether the statue and sun-dial were real or personal property. The plaintiffs claim they are personal property, having purchased them as such under an execution against Thom. The defendant claims they are real property, having bought the farm on which they were erected at a foreclosure sale under a mortgage, executed by Thom before the erection of the statue and sun-dial, and also as mortgagee in possession of another mortgage, *174executed by Thom after their erection. The claim of the defendant under the mortgage sale is not…
2Cases cited1 opinion
- President, Directors, & Co. v. EmersonMassachusetts Supreme Judicial Court · 1818
3Cited by8 opinions
- Houston Petroleum Co. v. Automotive Products Credit Ass'n, Inc.Supreme Court of New Jersey · 1952
- Swan v. JacksonNew York Supreme Court · 1889
- Covert v. . CranfordNew York Court of Appeals · 1894
- Stoner v. DevilbissCourt of Appeals of Maryland · 1889
- Dawson v. St. Louis Expanded Metal Fireproofing Co.Texas Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.