Farr v. Smith
New York Supreme Court
Error from the Seneca common pleas. Smith sued Farr and Emmons in an action of trover for taking a quantity of wheat in the sheaf cut by the plaintiff and left standing in the field. The plaintiff shewed title to the wheat by virtue of a purchase made 27th May, 1830, under an execution on a judgment in his favor against one David Jones, obtained on attachment; the judgment was for $41,88, and the execution issued thereon was returnable in thirty days.
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Error from the Seneca common pleas. Smith sued Farr and Emmons in an action of trover for taking a quantity of wheat in the sheaf cut by the plaintiff and left standing in the field. The plaintiff shewed title to the wheat by virtue of a purchase made 27th May, 1830, under an execution on a judgment in his favor against one David Jones, obtained on attachment; the judgment was for $41,88, and the execution issued thereon was returnable in thirty days. He also claimed under a mortgage of the wheat executed by Jones to one Swick, bearing date 9th October, 1829, to secure the payment of $80 on…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiff below undertook to shew title to the wheat in two ways: 1. By a judicial sale under his judgment and execution; and 2. As assignee of a mortgage. By the first, he acquired no interest in the wheat; and the execution being returnable in 30 instead of 90 days, was unwarranted by the statute, and void, 5 Wendell, 276; but by the mortgage, of which the plaintiff was assignee, he did become entitled to take possession of Jones’ part of the wheat, and this title is older than that of the purchase by Emmons under his judgment and execution. On the…
2Cases cited1 opinion
- Toof v. BentlyNew York Supreme Court · 1830
3Cited by15 opinions
- Hall v. PageSupreme Court of Georgia · 1848
- Dyckman v. . ValienteNew York Court of Appeals · 1870
- Channon v. LuskNew York Supreme Court · 1870
- Tyler v. TaylorNew York Supreme Court · 1850
- Fobes v. ShattuckNew York Supreme Court · 1854
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