Andrew v. . Newcomb
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was in the nature of replevin for a quantity of undressed flax and the seed upon it, which had been levied on by the defendant Wells, as sheriff of Rensselaer county, on execution against Leonard and Reed, in favor of the defend ant Newcomb. The plaintiff claimed title under a bill of. sale of the flax executed to him by William Ray.
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Appeal from a judgment of the Supreme Court. The action was in the nature of replevin for a quantity of undressed flax and the seed upon it, which had been levied on by the defendant Wells, as sheriff of Rensselaer county, on execution against Leonard and Reed, in favor of the defend ant Newcomb. The plaintiff claimed title under a bill of. sale of the flax executed to him by William Ray. The facts proved on the trial were the following: In April, 1856, Ray, being the owner of two small parcels of land, comprising together about fourteen acres, upon which Reed was desirous of raising a crop…
1Opinion of the Court
Denio, Ch. J.
I am of opinion that, upon the facts proved, and about which there was no controversy, the plaintiff was entitled to the verdict which he obtained. The owner of land may lawfully contract for its cultivation, and may provide in whom the ownership of the product shall vest. The bargain in this instance was that it should vest in Bay, the owner of the land. It was competent for the parties also, to provide that upon the happening of any other event, or the performance of a condition, the ownership should be changed; and this was done in the present case by the provision which was…
2Cases cited1 opinion
- Foote v. ColvinNew York Supreme Court · 1808
3Cited by31 opinions
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Angell v. EggerNorth Dakota Supreme Court · 1897
- Briggs v. United StatesSupreme Court of the United States · 1892
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Tischendorf v. Lynn Mutual Fire InsuranceWisconsin Supreme Court · 1926
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