Voorhees v. . McGinnis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of defendants, entered upon the report of a referee. The action was brought to recover possession of a steam-engine, boilers, gearing, shafting, planing machines, saw benches, turning lathe, etc., alleged to have been wrongfully severed from the freehold and removed by defendants from certain buildings in the town of Coeymans, called the Kimmey mills.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of defendants, entered upon the report of a referee. The action was brought to recover possession of a steam-engine, boilers, gearing, shafting, planing machines, saw benches, turning lathe, etc., alleged to have been wrongfully severed from the freehold and removed by defendants from certain buildings in the town of Coeymans, called the Kimmey mills. Plaintiff Callanan claimed to be the general owner, deriving title through the foreclosure of two mortgages, both…
1Opinion of the Court
Hunt, C.
The plaintiffs claim that the property in question forms a part of the realty. They are the owners of the realty by purchase, and hence insist that the articles belong to them. The title of the defendants is based upon the claim that the articles are or were to be deemed of a personal character. They are the holders and owners, under chattel mortgages, executed by the former owner, Philip Kimmey. The referee and the General Term of the third district held that the property was of a personal character, and gave judgment for the defendants.
There are several tests, in the form of general…
2Cases cited2 opinions
- Voorhis v. FreemanSupreme Court of Pennsylvania · 1841
- Murdock v. . GiffordNew York Court of Appeals · 1858
3Cited by82 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- McRea v. Central National Bank of TroyNew York Court of Appeals · 1876
- Madfes v. Beverly Development Corp.New York Court of Appeals · 1929
- Hendy v. DinkerhoffCalifornia Supreme Court · 1880
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
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