5 Denio 527 | N.Y. Sup. Ct. | 1848
There are but two questions made by the bill of exceptions. The important one relates to the character of the property in controversy, whether it is personal, or so connected with the freehold as to be properly called a fixture. The defendant, Peter Chauffetéte, is the grantee of the purchaser of the real estate under an execution ; the plaintiff the assignee of the purchaser of the personal property under an execution against the same party. The title of the defendant is the eldest, and if the property in controversy is so attached to the freehold as to be a fixture, he is entitled to it. If not a fixture, the plaintiff has the title under the sale of it as personal property. The defendant Peter stands in the place of a purchaser of the real estate at a sheriff’s sale. This is a sale by the owner through the instrumentality of the sheriff, and the doctrine in regard to fixtures applicable to it is that which governs between vendor an,d purchaser. The whole doctrine upon the subject has recently been elaborately exam'
Upon the other points, as to the liability of both defendants, the circuit judge gave the proper instructions. A very slight agency or interference will make one liable in trover.
New trial denied.