New York Court of Appeals

Daniel W. Stockwell and Another v. . Owen D. Phelps.

January 5, 186634 N.Y. 363

Summary

The New York Court of Appeals affirmed the lower court's judgment for the defendant, holding that the plaintiffs could not maintain a replevin action for hay cut by an adverse possessor before the plaintiffs regained possession of the land. A concurrence agreed with the result and emphasized that the issue of adverse possession was not before the court.