Dinehart v. Wilson
New York Supreme Court
Appeal from a judgment of the Orleans county court, reversing a judgment of a justice’s court. The action was for unlawfully entering upon a farm in possession of the plaintiff, and then and there, without lawful right, selling and converting to the use of the- defendant, about nine acres of wheat there growing, the property of the plaintiff.
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Appeal from a judgment of the Orleans county court, reversing a judgment of a justice’s court. The action was for unlawfully entering upon a farm in possession of the plaintiff, and then and there, without lawful right, selling and converting to the use of the- defendant, about nine acres of wheat there growing, the property of the plaintiff. The defendant denied the allegations in the complaint, and then justified the taking as collector of a school district, for the purpose of -collecting a tax against one Hooker. The plaintiff -put in the wheat under an arrangement made with Hooker. The…
1Opinion of the Court
By the Court, Marvin, J.
Putnam v. Wise, (1 Hill, 234,) is an authority in point, to show that the plaintiff and Hooker Were tenants in common of the wheat. This case cannot, upon that question, be distinguished, in principle, from the case re- ' ferred to, which overrules Stewart v. Doughty, (9 John. 108,) and Overseers of the Poor of Fort Ann v. Overseers of the Poor of Kingsbury, (14 John. 365,) and Jackson v. Brownell, (1 Id. 267,) so far as those cases bear upon the question» Justice Oowen, in Putnam v. Wise, was of the opinion that Caswell v. Districh, (15 Wend. 379,) overruled Stewart…
2Cases cited5 opinions
- Stewart v. DoughtyNew York Supreme Court · 1812
- Walsh v. AdamsNew York Supreme Court · 1846
- Bradish v. SchenckNew York Supreme Court · 1811
- Caswell v. DistrichNew York Supreme Court · 1836
- Overseers of the Poor of Fort Ann v. Overseers of the Poor of KingsburyNew York Supreme Court · 1817
3Cited by15 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Fuhrman v. Interior Warehouse Co.Washington Supreme Court · 1911
- Walls v. PrestonCalifornia Supreme Court · 1864
- Chicago & West Michigan Railway Co. v. LinardIndiana Supreme Court · 1884
- Taylor v. BradleyNew York Court of Appeals · 1868
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