Raymond v. White
New York Supreme Court
Trespass guare clausum fregit, et de bonis asportatis, for entering a tannery, in the possession of the plaintiff, and carryin§ away a cylindrical heater, used for applying heat to tanner’s bark, in vats and leaches; tried at the Saratoga circuit, in June, 1826, before Walworth, ,0. Judge.
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Trespass guare clausum fregit, et de bonis asportatis, for entering a tannery, in the possession of the plaintiff, and carryin§ away a cylindrical heater, used for applying heat to tanner’s bark, in vats and leaches; tried at the Saratoga circuit, in June, 1826, before Walworth, ,0. Judge. On the trial, it appeared that Dean Chase owned the tannery, and mortgaged the same to Samuel Cook; and, on the 18th of August, 1822, released to cook the equity of redemption in the premises ; that on the 23d of August, Cook articled to sell the tannery to Joseph Chase, on p¡s paying the purchase money,…
1Opinion of the Court
* Curia, per Savage, Ch. J.
It does not appear that J, Chase ever owned the tan yard. He. made a conditional agreement to purchase; but, upon what, conditions,. and whether those conditions were ever performed, does, not appear. It, is. presumed they were not, as the purchase money was never paid, and Chase afterwards abandoned the premises. He must, therefore, be considered as a .tenant to Cook, either from year to ypar, or at will; he was the owner of the heater, but, not of the land; and,.admitting it to have been a fixture, it remained personal property/ But it was not so attached to the…
2Cases cited2 opinions
- Cresson v. StoutNew York Supreme Court · 1819
- Heermance v. VernoyNew York Supreme Court · 1810
3Cited by3 opinions
- Lacey v. GiboneySupreme Court of Missouri · 1865
- Mackey v. ShermanAppellate Court of Illinois · 1931
- Ross's AppealSupreme Court of Pennsylvania · 1848