Laflin v. Griffiths
New York Supreme Court
THIS action was brought against the defendant, as sheriff of Ulster county, to recover possession of certain personal property, consisting of the machinery and implements of a cooper shop. One Moses Colburn erected in the town of Woodstock a keg factory. He put up the building and machinery at the same time, for the express and only purpose of a keg factory. The machinery was fastened permanently and securely to the building.
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THIS action was brought against the defendant, as sheriff of Ulster county, to recover possession of certain personal property, consisting of the machinery and implements of a cooper shop. One Moses Colburn erected in the town of Woodstock a keg factory. He put up the building and machinery at the same time, for the express and only purpose of a keg factory. The machinery was fastened permanently and securely to the building. On the 29th day of March, 1853, Colburn executed and delivered to the plaintiff a mortgage upon the premises on which the factory stood, to secure the payment of the sum…
1Opinion of the Court
By the Court, Gould, J.
In considering this case, and determining whether the articles in question were, or were not, fixtures, we are to follow the decision in Snedeker v. Warring, (2 Kern. 174,) holding the same rule as between mortgagor and mortgagee that would be held as between grantor and grantee. And this, whether the mortgagee were, or were not, in possession of the premises. Nor can there be any doubt, if the property before detached were fixtures, that the person having the title to the realty could sue for the specific recovery of the things themselves, or in trespass for the…
2Cases cited1 opinion
- Walker v. ShermanNew York Supreme Court · 1839
3Cited by18 opinions
- Potter v. . CromwellNew York Court of Appeals · 1869
- Central Branch Railroad v. FritzSupreme Court of Kansas · 1878
- Strickland v. ParkerSupreme Judicial Court of Maine · 1866
- Whitney v. HuntingtonSupreme Court of Minnesota · 1886
- Sinker, Davis & Co. v. ComparetTexas Supreme Court · 1884
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