Wilson v. Reed
New York Supreme Court
' THIS was an action of trover. The cause was tried at the last circuit, in the county of Greene, before Mr. Chief Justice Kent-. From the evidence given at the trial, it appeared that in the spring of 1804, the plaintiffs were in possession of a store-house at Coxsackie, at which time the sheriff of Greene entered, and by virtue of an execution issued out of the court of chancery against the goods of one Israel Gibbs, seised a hogshead of rum and a pair of scale-beams which…
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' THIS was an action of trover. The cause was tried at the last circuit, in the county of Greene, before Mr. Chief Justice Kent-. From the evidence given at the trial, it appeared that in the spring of 1804, the plaintiffs were in possession of a store-house at Coxsackie, at which time the sheriff of Greene entered, and by virtue of an execution issued out of the court of chancery against the goods of one Israel Gibbs, seised a hogshead of rum and a pair of scale-beams which were in the store, in the possession of the plaintiffs, and which were purchased by the defendant at the sheriff’s…
1Opinion of the CourtSpencer, J.
The _ «Counsel for the plaintiffs, on the argument, very properly gave up the point that Israel Gibbs was not interested in the goods seized by the sheriff, in two-lifth parts, for the evidence is conclusive that he was owner to that extent.
The only remaining questions are; 1. Whether an action of trover and conversion will lie by one tenant in common against his co-tenant in common for the sale of the chattel owned by them.
2. Whether the defendant has been guilty of a trover and conversion of the rum before the action brought.
3. Whether the release to the sheriff will avail the defendant.
That…
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