Averill v. Williams
Court for the Trial of Impeachments and Correction of Errors
Trover, tried at the St. Lawrence circuit in May, 1843, before-Willard, C. Judge. The plaintiff claimed to recover for the conversion of a quan tity of pine saw-logs, which had been seized arid sold by the sheriff of St. Lawrence county upon an execution issued upon a judgment in this court in favor of the defendants against Beardsley & Lyon.
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Trover, tried at the St. Lawrence circuit in May, 1843, before-Willard, C. Judge. The plaintiff claimed to recover for the conversion of a quan tity of pine saw-logs, which had been seized arid sold by the sheriff of St. Lawrence county upon an execution issued upon a judgment in this court in favor of the defendants against Beardsley & Lyon. The logs had been cut upon the plaintiff’s land by Beardsley & Lyon, pursuant to a contract entered into between the plaintiff and one Shepard; by the terms of which, the property in the timber was to remain in the plaintiff until the performance of…
1Opinion of the Court
By the Court, Beardsley, J.
The logs in question were sold by the sheriff of St. Lawrence on an execution in favor of the defendants in this suit against Beardsley & Lyon. One of *503the present defendants lived in Albany and the other in Utica ; and neither was present at the sheriff’s sale. The bill of exceptions states that the logs were bid off by S. S. Lyon for these defendants; but there was no evidence to show that he had been authorized to make the purchase for them, nor did it appear they had since in any manner interfered with the logs. When the plaintiff rested his cause, the…
2Cited by13 opinions
- Foster v. WileyMichigan Supreme Court · 1873
- Averill v. Williams & SageNew York Supreme Court · 1847
- Marks v. CulmerUtah Supreme Court · 1890
- Meacham v. GjardeWashington Supreme Court · 1938
- Hamel v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
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