McFarland v. Wheeler
New York Supreme Court
XT'! RROR from the Supreme Court. Wheeler and oth- ■* ers brought an action of replevin in the Washington common pleas, against McFarland for taking a quantity of boards, which they as the owners of a saw-mill had sawed for one Vaughan. It was agreed they should receive $2.-25 per one hundred pieces, and have a lien upon the same until paid.
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XT'! RROR from the Supreme Court. Wheeler and oth- ■* ers brought an action of replevin in the Washington common pleas, against McFarland for taking a quantity of boards, which they as the owners of a saw-mill had sawed for one Vaughan. It was agreed they should receive $2.-25 per one hundred pieces, and have a lien upon the same until paid. It was farther agreed, that Vaughan might pile the boards on the bank of the Champlain canal, about half a mile from the mill-yard, the plaintiff’s lien for sawing, however, to remain the same as if the lumber was piled in the mill-yard; the expenses of…
1Opinion of the Court
By Senator Verplanck.
In this case the right of action depends wholly upon the continuance of the lien on the replevied boards for the price of sawing them, and if that right had ceased at the time of the levy there is an end of all the other questions which have been raised in this unusually protracted litigation. I think that the supreme court erred in holding that the special agreement continuing the lien upon the boards after their delivery to the owner gave the plaintiffs below such a special property in them as to authorize an action to be brought by them against the sheriff.
IAen has…
2Cases cited1 opinion
- Schmidt v. BloodNew York Supreme Court · 1832
3Cited by47 opinions
- Matter of HeinsheimerNew York Court of Appeals · 1915
- White v. . HoytNew York Court of Appeals · 1878
- Evansville, Indianapolis & Cleveland Straight Line Railroad v. City of EvansvilleIndiana Supreme Court · 1860
- Booth v. . PowersNew York Court of Appeals · 1874
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
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