O'Dougherty v. Felt
New York Supreme Court
APPEAL, by the plaintiff, from a judgment entered at a Special Term, on atrial by the court without a jury. The action was brought to recover damages against the defendant for the wrongful taking and carrying away certain, wheels and other machinery in a saw-mill, that were claimed by the plaintiff to be fixtures in said mill.
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APPEAL, by the plaintiff, from a judgment entered at a Special Term, on atrial by the court without a jury. The action was brought to recover damages against the defendant for the wrongful taking and carrying away certain, wheels and other machinery in a saw-mill, that were claimed by the plaintiff to be fixtures in said mill. The defendants, by their answer, denied each and every allegation of the complaint, except the ownership by the plaintiff of the farm and saw-mill, with the tools, machinery and fixtures appertaining to or connected therewith. And for a second and further defence, they…
1Opinion of the Court
By the Court, Mttllin, J.
I understand the facts in this case to be, that John Felt, Jr., owned the land on which the saw-mill, "part of the machinery of which is in question in this suit, stood, and on the 1st of July, 1858, he and his wife gave a mortgage thereon to Theodosius O. Fowler and others. This mortgage was foreclosed, and the premises sold and bid in by P. S. Stewart, on the 2d of April, 1864. On the 22d of June, 1864, Stewart contracted to sell said premises to the plaintiff, who thereupon went into possession, and thereafter occupied the same. Before the sale on the judgment…
2Cases cited8 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Mooers v. WaitNew York Supreme Court · 1829
- Morgan v. VarickNew York Supreme Court · 1832
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3Cited by1 opinion
- Jewett v. DringerSupreme Court of New Jersey · 1878