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.