New York Court of Appeals December 2, 1890 (Batterman v. . Albright)

Bradley, J.

It may be assumed that, as against Markle, the judgment-debtor, the plaintiff, by his purchase at the sale

*488

made by the constable upon the execution, took title to the nursery trees and the right to remove them. The question for consideration has relation to the effect, upon such rights, of the foreclosure of the mortgage, and the title to the premises derived from it.