Ford v. . Cobb
New York Court of Appeals
Appeal from the Supreme Court. Action to recover damages for an alleged illegal entry upon the plaintiff’s premises, and taking, removing and converting twenty-three salt kettles. On the trial before a referee, it appeared that on the 6th September, 1855, one Orrin W. Titus was in possession of a lot of land, known as block ¡No. 55, in the village of Liverpool, Onondaga county, upon which he had erected works for the manufacture of salt.
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Appeal from the Supreme Court. Action to recover damages for an alleged illegal entry upon the plaintiff’s premises, and taking, removing and converting twenty-three salt kettles. On the trial before a referee, it appeared that on the 6th September, 1855, one Orrin W. Titus was in possession of a lot of land, known as block ¡No. 55, in the village of Liverpool, Onondaga county, upon which he had erected works for the manufacture of salt. On that day he purchased of the defendants fifty iron salt kettles, and certain iron arch pieces, arch fronts and grates, to be put up in said salt works,…
1Opinion of the CourtDenio, J.
The case is to be considered as though O. W. Titus was the owner of the land at the time he purchased the kettles and put them into the arch, and as though the plaintiff subsequently purchased the land from him, and took a conveyance of it without any notice of the defendants’ claim to the kettles. This is the precise point of view in which the question has been regarded in the Supreme Court, and in the briefs which have been submitted by the counsel for the respective parties. The plaintiff, it is true, had made a verbal 'agreement with Titus, anterior to the time when the kettles were set,…
2Cases cited5 opinions
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Holmes v. TremperNew York Supreme Court · 1822
- House v. HouseNew York Court of Chancery · 1843
- Miller v. PlumbNew York Supreme Court · 1827
- Godard v. GouldNew York Supreme Court · 1853
3Cited by109 opinions
- Clayton v. LienhardSupreme Court of Pennsylvania · 1933
- Tifft v. . HortonNew York Court of Appeals · 1873
- San Diego Trust & Savings Bank v. County of San DiegoCalifornia Supreme Court · 1940
- Potter v. . CromwellNew York Court of Appeals · 1869
- Binkley v. ForknerIndiana Supreme Court · 1889
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