Otis v. Wood
New York Supreme Court
^'HIS Was an atition °f trover, tried at the Oneida circuit in April, 1828, before the Hon. Nathan Williams, one of the ClrCuit ÍUÍ%eS- ^ J " In April, 1826, Otis executed a lease to one Goodenoe of 15 acres of land in the town of Manlius, Onondaga county, and included in the lease a span of mares, a cow and eight sheep,, and other -personal property to which specific prices were attached, for the term of ten years ; Goodenoe to pay a rent at the rate of $30 per annum, and…
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^'HIS Was an atition °f trover, tried at the Oneida circuit in April, 1828, before the Hon. Nathan Williams, one of the ClrCuit ÍUÍ%eS- ^ J " In April, 1826, Otis executed a lease to one Goodenoe of 15 acres of land in the town of Manlius, Onondaga county, and included in the lease a span of mares, a cow and eight sheep,, and other -personal property to which specific prices were attached, for the term of ten years ; Goodenoe to pay a rent at the rate of $30 per annum, and -to have the right, on paymeI1t of the sum of $400, to become the owner of the r J . . , - , whole premises demised. By…
1Opinion of the Court
By the Court,
Savage,. Ch. J.
I think the judge was right in deciding that the contract of April, 1826, was not a sale but a lease; that the interest of a lessee of personal proper*500ty may be sold on execution, and that in such case the purchaser stands in the place of the lessee. (Van Antwerp v. Newman, 2 Cowen’ 543.) In the case of Hurd v. West, (7 Cowen, 656, it was held, that where sheep were let for a spe^ cified time, and the same sheep to be returned, the title of the lessor continues with the right to assert it when the time expires. In Marsh v. Lawrence, (4 Cowen, 467,) it was decid-' ed…
2Cases cited1 opinion
- Hall v. TuttleNew York Supreme Court · 1829
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- Mattison v. . BaucusNew York Court of Appeals · 1848
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