Bishop v. . Bishop
New York Court of Appeals
Action upon a note executed by the defendant to the plaintiff. The defendant in his answer alleged, that in 1844, Lyman Bishop executed to one Blackman, a mortgage upon his farm, and subsequently planted upon it a hop-yard, in which the hop poles thereinafter mentioned were used. That in 1849, Lyman Bishop died owning the farm, hop yard and poles, and while the latter were used in the yard for growing hops.
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Action upon a note executed by the defendant to the plaintiff. The defendant in his answer alleged, that in 1844, Lyman Bishop executed to one Blackman, a mortgage upon his farm, and subsequently planted upon it a hop-yard, in which the hop poles thereinafter mentioned were used. That in 1849, Lyman Bishop died owning the farm, hop yard and poles, and while the latter were used in the yard for growing hops. That the plaintiff was appointed his executrix, and as such, she, on the 8th of November, 1849, sold the said hop-poles, as personal prop belonging to the estate, to the defendant, and…
1Opinion of the Court
Gardiner, Ch. J.
The only question presented in this case is whether the hop-poles, at the time of the sale to the defendant, were personal property, or to be deemed part of the realty. This question, I think, is settled by the facts stated in the answer, to which the plaintiff has demurred. If hop-poles can constitute a portion of the real estate, the defendant acquired no title to those purchased by him, conceding the truth of the answer. Assuming, as we must, the truth of the facts alleged by the defendant in his answer, the hop-poles were, at the time of the sale, a part of the realty. Of…
2Cases cited1 opinion
- Walker v. ShermanNew York Supreme Court · 1839
3Cited by10 opinions
- Arnold v. CrowderIllinois Supreme Court · 1876
- Fratt v. WhittierCalifornia Supreme Court · 1881
- Gunderson v. SwarthoutWisconsin Supreme Court · 1899
- Phipps v. StateNew York Court of Claims · 1910
- Frank v. HarringtonNew York Supreme Court · 1862
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