Holmes v. Tremper
New York Supreme Court
REPLEVIN for a cider mill and cider-mill press. Avowry, that the place in which, &c., is a certain farm of seventy acres, in Kingston, &c., whereof the defendant had been possessed for six years immediately antecedent to the 9th of May, 1830, as the tenant, from year to year, of Jacob L Trompar, who was, at the first letting thereof, seised in fee; and whilst such tenant, and long prior to said 9th of May, to wit, on the 1st of May, 1818, the defendant, at her own expense,…
Read the full summary
REPLEVIN for a cider mill and cider-mill press. Avowry, that the place in which, &c., is a certain farm of seventy acres, in Kingston, &c., whereof the defendant had been possessed for six years immediately antecedent to the 9th of May, 1830, as the tenant, from year to year, of Jacob L Trompar, who was, at the first letting thereof, seised in fee; and whilst such tenant, and long prior to said 9th of May, to wit, on the 1st of May, 1818, the defendant, at her own expense, and for her own use, built the said mill and press, and used the same for making the cider on said farm, during her…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The question arising upon the pleadings has never been decided in this Court. The case of Bradley v. Osterhout, (13 Johns. Rep. 404.) was between the purchaser and the vendor of a farm. The breach of covenant assigned was, that after making the covenant, and before the deed was given, the vendor removed from the premises a cider mill, which was averred to be annexed to the freehold, and a part of the farm. The defendant pleaded that he had conveyed the farm, &c., to which the plaintiff demurred. The plea was adjudged to be bad, because it did…
2Cited by34 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Munson v. HallowellTexas Supreme Court · 1863
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
- Glenn v. SavageOregon Supreme Court · 1887
- Ombony v. . JonesNew York Court of Appeals · 1859
29 more not listed; retrieve them via the Exa API.