Walker v. Downer
New York Supreme Court
Appeal from Monroe county court. Action in replevin by Sylvanus Walker against Carrie Downer to recover produce of a farm under alleged sale by defendant’s husband during his lifetime. On trial by jury there was a verdict for plaintiff; and-from the judgment entered thereon, and the order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtMacomber, J.
The action is replevin to recover possession of certain ■crops, consisting of oats, cabbages, straw, and hay, claimed by the plaintiff. Upon the trial it was conceded by the plaintiff that the hay did not belong to him, and no recovery was had therefor. The right of the plaintiff, if any, to maintain an action for the recovery of the possession of this property is ■derived solely from an instrument in writing, under seal, executed to him by ■one Byron G. Downer, bearing date the 17th day of May, 1884. By this paper Byron G. Downer transferred to the plaintiff all his right, title, and…
2Cases cited1 opinion
- Schermerhorne v. SchermerhorneNew York Court of Chancery · 1822