Legal Opinion

Bank of Lansingburgh v. Crary

New York Supreme Court

Decided October 4, 1847PublishedCited by 24 opinions

Executions were issued on the judgments recovered in the above suits, to the sheriff of the county of Washington. The execution, in the cause first above mentioned, was received by the sheriff on the 14th of April, 1847. The executions, in the other causes, were received by the sheriff at the following times, viz.: in the cause secondly above mentioned, on the 28th of April, 1847; in the cause thirdly above mentioned, on the 18th of June, 1847; in the cause fourthly above…

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Executions were issued on the judgments recovered in the above suits, to the sheriff of the county of Washington. The execution, in the cause first above mentioned, was received by the sheriff on the 14th of April, 1847. The executions, in the other causes, were received by the sheriff at the following times, viz.: in the cause secondly above mentioned, on the 28th of April, 1847; in the cause thirdly above mentioned, on the 18th of June, 1847; in the cause fourthly above mentioned, on the 21st of June, 1847; in the cause fifthly above mentioned, on the 28th of July, 1847. The defendant John…

1Opinion of the CourtPaige, J.

The facts of this case present the question, whether grass, growing on land, can be levied upon as a chattel, under an execution against the owner of the land, when it is turned out on the execution by the defendant, or when such levy is made by and with the parol consent of such defendant.

A distinction exists between growing crops of grain and vegetables, such as wheat, corn and potatoes, the annual produce of labor and of the cultivation of the earth, and growing frees, fruit and grass, the natural produce of the earth, which grow spontaneously and without cultivation. The former are…

2Cases cited9 opinions

  1. Langdon v. BuelNew York Supreme Court · 1832
  2. Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Patchin v. PierceNew York Supreme Court · 1834
  4. Evertson v. BoothNew York Supreme Court · 1822
  5. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1831

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3Cited by24 opinions

  1. Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
  2. Owens v. LewisIndiana Supreme Court · 1874
  3. Harrell v. MillerMississippi Supreme Court · 1858
  4. Huling, Brockerhoff & Co. v. CabellWest Virginia Supreme Court · 1876
  5. Hicks v. SmithWisconsin Supreme Court · 1890

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