Majority
p. 529Fryatt & Campbell vs. The Sullivan Company.
Headnote
Where one having hired the use of certain personal property, wrongfully converted it by annexing it to and making it a part of his real estate, and then sold the real estate to a third person who had no notice of the facts ; held, that the party injured could not reclaim his property from the purchaser, but his only remedy was by action against the original wrong-doer.On error from the supreme court. For a statement of the case, together with the opinion of the supreme court, see 5 Hill, 116 et seq.
p. 530
¡1. S. Dodge, for the plaintiffs in error.
A. Thompson, for the defendants in error.
delivered opinions in favor of affirming the judgment of the supreme court, and Senators Clark and Lawrence in favor of reversing it. And
On the question being put, “ Shall this judgment be reversed ?” the members of the court voted as follows:
For affirmance: Senators Barlow, Bartlit, Bockee, Jones, Lester, Mitchell, Porter, Putnam, Rhoades, Scott, Sherman, Smith, Strong, Yarney and Wright—15.
For reversal: Senators Backus, Clark. Hard, Lawrence, Platt and Works—6.
Judgment affirmed.