New York Supreme Court, 1874

Waid v. Gaylord

Waid v. Gaylord
New York Supreme Court · Decided June 15, 1874 · Gilbert
4 Thomp. & Cook 41

Counsel

Southworth & Parks, for appellant., K Carroll, for respondent.

Waid v. Gaylord

Opinion of the Court

Gilbert, J.

A levy upon the right, title and interest of the judgment debtor in the goods is in law equivalent to a levy upon the things. It amounts to a seizure of the goods for the purpose of selling the whole or a qualified interest therein. Such an act is sufficient to sustain an action of replevin in the cepit by the owner. Knapp v. Smith, 27 N. Y. 281; Latimer v. Wheeler, 1 Keyes, 475.

The judgment must be affirmed.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.