Batterman v. . Albright
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made March 9, 1887, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover damages for the alleged conversion by the defendant of nursery trees, grape vines and bushes standing and growing upon a certain farm in the county of Albany.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made March 9, 1887, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This action was brought to recover damages for the alleged conversion by the defendant of nursery trees, grape vines and bushes standing and growing upon a certain farm in the county of Albany. The title to the farm prior to 1878, subject to a mortgage made by him to Isaac S. Albright, November 9,1868, and a prior mortgage, was in Peter S. Maride, who was engaged in…
1Opinion of the CourtBradley, J.
It may be assumed that, as against Markle, the judgment-debtor, the plaintiff, by his purchase at the sale made by the constable upon the execution, took title to the nursery trees and the right to remove them. The question for consideration has relation to the effect, upon such rights, of the foreclosure of the mortgage, and the title to the premises derived from it. The trees and bushes in question had been grown in the nursery since the mortgage was made; and the plaintiff’s claim of title was derived wholly from his purchase on the execution sale. As against the mortgagor, the foreclosure…
2Cases cited10 opinions
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- Harris v. . FrinkNew York Court of Appeals · 1872
- Shepard v. PhilbrickNew York Supreme Court · 1846
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3Cited by14 opinions
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