Beekman v. Bemus
New York Supreme Court
Replevin ; tried at the Saragota circuit, December 1st, -*-825, before Williams, 0. Judge. The facts are sufficiently stated in the opinion of the court. They were presented on case made with a view to a motion for a new trial, an(j jn an affidavit of the defendant, That the plaintiff must show property in himself on the plea of non cepit, he cited 1 Sch. & Lef. 324; 20 John. 469, 70; 7 id. 143, 4; 14 id. 407; 1 Ch. Pl. 159, 167; 7 T. R. 9; 2 Selw. N. P. 1021; Woodf.
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Replevin ; tried at the Saragota circuit, December 1st, -*-825, before Williams, 0. Judge. The facts are sufficiently stated in the opinion of the court. They were presented on case made with a view to a motion for a new trial, an(j jn an affidavit of the defendant, That the plaintiff must show property in himself on the plea of non cepit, he cited 1 Sch. & Lef. 324; 20 John. 469, 70; 7 id. 143, 4; 14 id. 407; 1 Ch. Pl. 159, 167; 7 T. R. 9; 2 Selw. N. P. 1021; Woodf. L. & T. 573; Bac. Abr. Replevin and Avowry, (G.) That a tenant in common cannot maintain the action against his co-tenant, he…
1Opinion of the Court
Curia, per Woodworth, J.
This is an application for a new trial, in an action of replevin. Four issues were joined on as many pleas : 1. Non cepit; 2. Property in defendant ; 3. Property in W. McIntosh; 4. Property in the defendant and plaintiff.
The taking was sufficiently made out. The defendant declared the day previous to the taking, that he would come the next day, and take the rye. On the day specified, he accompanied McIntosh, who was the active agent in carrying it off. The defendant requested Andrews, who was in possession of the farm, to see the rye divided, which he refused. McIntosh…
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