Alvord v. Haynes
New York Supreme Court
Motion for a new trial on a case, and exceptions ordered to be beard in tbe first instance at tbe General Term, after a verdict in favor of tbe plaintiff, directed by tbe court.
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Motion for a new trial on a case, and exceptions ordered to be beard in tbe first instance at tbe General Term, after a verdict in favor of tbe plaintiff, directed by tbe court. Tbis was an action for tbe claim and delivery of personal property consisting of farming tools, farming stock and unharvested crops, brought by tbe plaintiff, who is a married woman, against tbe defendant Haynes, who is sheriff of Cortland county, and who, by virtue of two executions issued out of tbe County Court at tbe instance of tbe defendant Tower, who was plaintiff in said executions, levied upon the aforesaid…
1Opinion of the Court
Sawyer, J. :
There were no disputed questions of fact in this case to be submitted to tbe jury.
Tbe plaintiff’s title to tbe property in question was clearly established by tbe evidence. She leased tbe farm and paid tbe rent, and tbe property taken in execution was either purchased with her money or raised on tbe farm. True, her husband labored on tbe farm, and acted as her agent in disposing of its products, but tbis did not vest tbe title thereto in him, or give him any interest therein. The right of a married woman to purchase or lease real or personal property and to manage the same through…
2Cases cited5 opinions
- Knapp v. . SmithNew York Court of Appeals · 1863
- Allen v. CraryNew York Supreme Court · 1833
- Farrar v. ChauffeteteNew York Supreme Court · 1848
- Stewart v. Wells & JohnsonNew York Supreme Court · 1849
- Neff v. ThompsonNew York Supreme Court · 1850