Stockwell v. . Phelps
New York Court of Appeals
Appeal from judgment of Supreme Court. The action was brought to recover about three tons of hay, claimed to be the property of the plaintiffs, and which, at the commencement of the action in July, 1856, was, in pursuance of the statute, delivered to the plaintiffs by the sheriff of Orleans 'county. The defendant answered, denying that the plaintiffs owned the hay.
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Appeal from judgment of Supreme Court. The action was brought to recover about three tons of hay, claimed to be the property of the plaintiffs, and which, at the commencement of the action in July, 1856, was, in pursuance of the statute, delivered to the plaintiffs by the sheriff of Orleans 'county. The defendant answered, denying that the plaintiffs owned the hay. The cause was tried by a referee, who found these facts: That the hay in question grew upon the farm known as the Owen Wild farm, in Yates, Orleans county, Hew York, and that at the time it was cut from said farm Owen Wild was in…
1Opinion of the Court
The land from which the hay in controversy was cut, was, at the time of the cutting, in the actual possession of one Owen Wild, he claiming the premises as his own, and holding them adversely to the plaintiffs, who had the title in fee. While thus in actual possession, holding adverse to the plaintiffs, Wild sold and delivered the hay to the defendant, whereupon the plaintiffs brought replevin for the same. The referee held that the plaintiffs could not recover for the hay, and gave judgment for the defendant.
The judgment was right. Wild, when the action was commenced, was in the actual…
2Cases cited1 opinion
- Rich v. BakerNew York Supreme Court · 1846
3Cited by35 opinions
- Meeker v. GardellaWashington Supreme Court · 1890
- Richbourg v. RoseSupreme Court of Florida · 1907
- Churchill v. AckermanWashington Supreme Court · 1900
- Lieberman v. ClarkTennessee Supreme Court · 1904
- Samson v. . RoseNew York Court of Appeals · 1875
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