Smith v. Hill
New York Supreme Court
HIS action was originally brought in a justice’s court of Clinton county, to recover the value of a stove and pipe alleged to have been taken by the defendant and converted to his own use.
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HIS action was originally brought in a justice’s court of Clinton county, to recover the value of a stove and pipe alleged to have been taken by the defendant and converted to his own use. On the trial, the plaintiff proved by A. Shippee, sheriff of the county of Clinton, that in June, 1851, he, as such sheriff, sold all the personal property of Samuel N. Hill, a brother of the defendant, principally upon an execution in favor of the defendant against Samuel; that when it was proposed to sell the stove in question the defendant objected, and said he would not sell it, as it was exempt…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
The plaintiff, by the sale, showed himself in the actual or constructive possession of the property in question, and that was sufficient to entitle him to maintain the action, as against the defendant. (8 John. 432. 11 id. 285. 12 Wend. 39.) It is objected that no judgment was shown or proved, on which the executions, or either of them, *659issued; or when a levy was made; or that the property was over advertised for sale. None of these objections were taken on the trial, where, if taken, they might have been obviated. On the contrary, it appears to have been then…
2Cases cited10 opinions
- Earl v. Camp & StoneNew York Supreme Court · 1837
- Potter v. DeyoNew York Supreme Court · 1838
- Jackson ex dem. Brayton & Dunham v. BurchinNew York Supreme Court · 1817
- Joy v. HopkinsNew York Supreme Court · 1847
- Wall v. OsbornNew York Supreme Court · 1834
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3Cited by17 opinions
- City of Buffalo v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1897
- Dupuis v. ThompsonSupreme Court of Florida · 1877
- Nelson v. . the PeopleNew York Court of Appeals · 1861
- Baker v. BrintrallNew York Supreme Court · 1868
- Main v. BellWisconsin Supreme Court · 1871
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