Ritchmyer v. Morse
New York Court of Appeals
The plaintiff claims in this action to recover the value of a certain building, located upon the lands of the defendants, which he claims as owner, and which was taken possession of and removed by defendants. The building was erected by Mr. Vroman, in the fall of 1849, at which time, the'land upon which it was erected was owned by Alonzo 0. Paige and others.
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The plaintiff claims in this action to recover the value of a certain building, located upon the lands of the defendants, which he claims as owner, and which was taken possession of and removed by defendants. The building was erected by Mr. Vroman, in the fall of 1849, at which time, the'land upon which it was erected was owned by Alonzo 0. Paige and others. It was a good frame building, as described by the plaintiff, 15 .x 16 feet, 10-feet posts, nicely inclosed with pine sidings,- pine shingles, a good cornice on one end, painted white with two coats; one door outside, and one inside; two…
1Opinion of the Court
Davies, Ch. J.
I think the learned judge at the circuit was in error in holding, as a matter of Jaw, that upon this testimony the plaintiff was entitled to recover. That testimony showed, in brief, that the plaintiff had become the purchaser of a building erected upon land owned by the defendants, and that the defendants had taken possession of the building and removed it, as they-clearly had a right to do, if it was attached to the freehold, and passed under the contract and conveyance to them. That it did so pass is established by authority (Mott agt. Palmer, 1 N. Y., 564). In *390that case…
2Cases cited2 opinions
- Mott v. . PalmerNew York Court of Appeals · 1848
- Ombony v. . JonesNew York Court of Appeals · 1859
3Cited by3 opinions
- Sullivan v. CarberrySupreme Judicial Court of Maine · 1877
- Trowbridge v. HayesNew York Supreme Court · 1896
- DeAngelo v. BrazauskasAppellate Division of the Supreme Court of the State of New York · 1994