Frank v. Batten
New York Supreme Court
Appeal from circuit court, ITiagara county. Action by Andrew H. Frank against George W. Batten, sheriff of ITiagara county, for the conversion of certain personal property claimed by plaintiff, levied upon and sold under an execution against the property of C. H. Turver, in favor of Frank Pinner. Verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtBarker, P. J.
At the time the defendant levied upon the property in question, it was in the actual possession of the judgment debtor named in the execution. The plaintiff claims that at that time he was the owner of part of the property, and that, after the levy and before the sale, he acquired title to the balance by purchase from persons who were the owners at the time of the levy. The serious question presented is whether the title to the property was in the plaintiff or Turver at the time of the sale. In 1886, Turver was a manufacturer of sash, doors, and other building materials, at Suspension Bridge,…
2Cases cited5 opinions
- Ballard v. . BurgettNew York Court of Appeals · 1869
- Herring v. . HoppockNew York Court of Appeals · 1857
- Cole v. . MannNew York Court of Appeals · 1875
- Ludden v. HazenNew York Supreme Court · 1860
- Devlin v. O'NeillNew York Court of Common Pleas · 1875
3Cited by11 opinions
- Troy Wagon Works Co. v. HancockCourt of Appeals for the Seventh Circuit · 1906
- Pontiac Buggy Co. v. SkinnerDistrict Court, N.D. New York · 1908
- Hanson v. W. L. Blake & Co.District Court, D. Maine · 1907
- Rodney Hunt Machine Co. v. StewartNew York Supreme Court · 1890
- Flint Wagon Works v. MaloneySuperior Court of Delaware · 1911
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