Banta v. . Merchant
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. Defendant became the owner of the land sold under the judgment in partition and entitled to the crops growing thereon at the time of the sale.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 1, 1899, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action, and the facts, so far as material, are stated in the opinion. Defendant became the owner of the land sold under the judgment in partition and entitled to the crops growing thereon at the time of the sale. (Lane v. King, 8 Wend. 584; Gardner v. Finley, 19 Barb. 317; Shepard v. Philbrick, 2 Den. 174; Austin v. Sawyer, 9 Cow. 40;…
1Opinion of the CourtWerner, J.
The action is in conversion. The property alleged to have been converted was the undivided one-half of a growing crop) of rye. The controversy arises out of the following facts: On March 28th, 1895, one Burdick and one Ricks, brother and sister, were the owners as tenants in common of a farm in Broome county. On that day an action for the partition of the farm was commenced by Burdick in which his wife, his said sister and a mortgagee were named as defendants. On the following day notice of the piendency of the action was duly filed and pwopierly. indexed against the defendant Kicks, who was…
2Cases cited5 opinions
- Harris v. . FrinkNew York Court of Appeals · 1872
- Shepard v. PhilbrickNew York Supreme Court · 1846
- Sherman v. . WillettNew York Court of Appeals · 1870
- Sexton v. . BreeseNew York Court of Appeals · 1892
- Batterman v. . AlbrightNew York Court of Appeals · 1890
3Cited by3 opinions
- Beck v. McLaneAppellate Division of the Supreme Court of the State of New York · 1909
- Eichhammer v. ParsonsNew York Court of Appeals · 1937
- Eichhammer v. ParsonsAppellate Division of the Supreme Court of the State of New York · 1936