Appleby v. Hollands
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Hollands, as sheriff of the county of Steuben, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Steuben on the 5th day of June, 1895, upon the report of a referee. The referee found as a fact: “ (2). That on the 20th day of October, 1893, the plaintiff was in the lawful and actual possession of the property described in tire said bill of sale and said amended complaint.
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Appeal by the defendant, George Hollands, as sheriff of the county of Steuben, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Steuben on the 5th day of June, 1895, upon the report of a referee. The referee found as a fact: “ (2). That on the 20th day of October, 1893, the plaintiff was in the lawful and actual possession of the property described in tire said bill of sale and said amended complaint. (3) That on the last-mentioned date the defendant wrongfully took and removed the said chattels from the said possession of…
1Opinion of the Court
Hardin, P. J.:
Abundant and satisfactory evidence was given to warrant the finding of fact made by the referee to the effect that, on the 20th day of October, 1893, the plaintiff was in the lawful and actual possession of the property described in the complaint; and the evidence satisfactorily establishes that, at the last-mentioned date, the defendant took and removed the said chattels from the possession of the plaintiff; and that the defendant continued to withhold the possession thereof from the plaintiff until the plaintiff, by proceedings taken in this case, replevied the property from…
2Cases cited10 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Cornell v. MoultonNew York Supreme Court · 1846
- Tilson v. . TerwilligerNew York Court of Appeals · 1874
- Frost v. . MottNew York Court of Appeals · 1866
- Stimson v. . WrigleyNew York Court of Appeals · 1881
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