New York Court of Appeals March 22, 1869 (Potter v. Cromwell)

lead-opinion

Daniels, J.

The referee held, that the portable grist-mill, for which the plaintiff was permitted “to recover in this action, was not a part of the real estate, at the time of the sale made by the sheriff, but that it was personal property. Whether or not he was correct in this conclusion, is the substantial point, which is involved in the present appeal.