Merritt v. Lyon
New York Supreme Court
Replevin, tried at the Westchester circuit in October, 1846. The plaintiff was the lessee of a farm belonging to Mrs. Jane Merritt, and claimed to be bailee and owner of certain stock, grain, growing crops, &c. thereon, the goods replevied.
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Replevin, tried at the Westchester circuit in October, 1846. The plaintiff was the lessee of a farm belonging to Mrs. Jane Merritt, and claimed to be bailee and owner of certain stock, grain, growing crops, &c. thereon, the goods replevied. The defendants justified the taking, as sheriff and deputy sheriff of Westchester county, by virtue of an execution issued out of the supreme court, upon a judgment recovered by Robert W. Lansing, against John Merritt, the father of the plaintiff; the defendants alleging that the goods in question were the property of John Merritt, and in his actual…
1Opinion of the Court
By the Court,
Strong, P. J.
It was not disputed on the trial but that Tyler, as the deputy of Lyon, took the goods specified in the declaration. That was not a question between the parties. The defendants allege, in their justification, that such goods were in the actual possession, and the property of, John Merritt, against whom they held a fieri facias, at the suit of Robert W. Lansing, under which Tyler had acted. The plaintiff contended that he held them at the time, a portion of them being the separate property of Jane, the wife of John Merritt, the legal title to which was in her trustee,…
2Cited by10 opinions
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- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Keane v. CannovanCalifornia Supreme Court · 1863
- Wheeler v. . LawsonNew York Court of Appeals · 1886
- Sherman v. . ElderNew York Court of Appeals · 1862
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