Cresson v. Stout
New York Supreme Court
THIS was an action of replevin, tried before Mr. Justice Van Ness, at the Rensselaer circuit, in 1818. The property for which the suit was brought, consisted of two frames for spinning flax, a frame for spinning tow, and two carding machines, and was, at the time of the commencement of the action, in March, 1817, in the store of Jabez Burrows; in Troy.
Read the full summary
THIS was an action of replevin, tried before Mr. Justice Van Ness, at the Rensselaer circuit, in 1818. The property for which the suit was brought, consisted of two frames for spinning flax, a frame for spinning tow, and two carding machines, and was, at the time of the commencement of the action, in March, 1817, in the store of Jabez Burrows; in Troy. The plaintiffs alleged, that the defendant had taken the articles from their possession and factory in Schaghticoke, in Rensselaer , 1 ¿a? COlinty. The defendant pleaded, 1. Non cepit; 2. Property in the defendant. . ‘ . On the trial, the…
1Opinion of the CourtPlatt, J.
If the articles of machinery in question be regarded as real estate, then, undoubtedly, the plaintiffs, as mortgagees in possession, before the sale, had a rightful possession ; and the defendant, as purchaser under a junior judgment, had no right to take the machinery away. By the severance, the machinery became the personal property of the plaintiffs, who owned the realty from which it was severed; it is, therefore, a proper subject of re-plevin, though it may have been part of the freehold, whpn it was sold by the sheriff.
Upon examination of the authorities, so fully collected and so well…
2Cases cited1 opinion
- Woods v. MonellNew York Court of Chancery · 1815
3Cited by29 opinions
- Buckley v. BuckleyNew York Supreme Court · 1850
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
- Reynolds v. ShulerNew York Supreme Court · 1826
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
- Graves v. PierceSupreme Court of Missouri · 1873
24 more not listed; retrieve them via the Exa API.