Johnson v. . Elwood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying motion for new trial and directing judgment on verdict. This action was brought to recover the possession of certain logs cut • by the defendant and removed by him from premises in the town of Colchester, Delaware county.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying motion for new trial and directing judgment on verdict. This action was brought to recover the possession of certain logs cut • by the defendant and removed by him from premises in the town of Colchester, Delaware county. The pain tiff claimed title to the land under a comptroller’s deed, dated March 27, 1862. The land was sold by the comptroller in November, 1859, for the taxes of the years 1851, 1852, 1853. The further facts appear in the…
1Opinion of the CourtAndrews, J.
The action for the recovery of specific chattels is founded upon the right of property, and to maintain it the plaintiff must show that he is the owner of the property claimed or that it has been wrongfully taken from his possession by the defendant. It is well settled that it lies for things which were part of the realty, but which have been severed therefrom by a wrong-doer and converted to his use. The owner of the land does not lose his title by the severance, but his ownership attaches to the property in its changed character, and it vests in him as a chattel interest, and he can pursue…
2Cases cited5 opinions
- Whitney v. . ThomasNew York Court of Appeals · 1861
- Parish v. . GoldenNew York Court of Appeals · 1866
- Schermerhorn v. BuellNew York Supreme Court · 1847
- Dike v. LewisNew York Supreme Court · 1847
- Hubbell v. RochesterNew York Supreme Court · 1828
3Cited by16 opinions
- Lieberman v. ClarkTennessee Supreme Court · 1904
- McKelvey v. CreeveySupreme Court of Connecticut · 1900
- Dresser v. LemmaWisconsin Supreme Court · 1904
- State ex rel. Harvey v. CookSupreme Court of Missouri · 1884
- State ex rel. Lewellen v. SchooleySupreme Court of Missouri · 1884
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