Trull v. Fuller
Supreme Judicial Court of Maine
This caso came before the Court, upon the following statement of facts: — “ Trover for a shingle machine and clapboard machine. The conversion was alleged to have been on July 15, 1844. The general issue was pleaded and joined.
Read the full summary
This caso came before the Court, upon the following statement of facts: — “ Trover for a shingle machine and clapboard machine. The conversion was alleged to have been on July 15, 1844. The general issue was pleaded and joined. “ To maintain the issue, the plaintiff introduced a mortgage from one Jacob Chamberlain to him, dated April 21, 1840, and recorded in the records of the town of Lincoln, where said Chamberlain lived, and where said machines were situated' on the 24th April, 1840. “ It appeared, that the plaintiff made a demand on the defendant for the machines in July, 1844, before the…
1Opinion of the Court
The opinion of the Court, Shepley, Tenney and Wells Justices, was drawn up by
Tenney J.
— It is competent for the owner of real estate to sell upon good and sufficient consideration, fixtures thereon, which would pass under a conveyance of the realty, if they were not excepted. The purchaser would be entitled to sever the same within the time stipulated, or if no time was agreed upon, within a period, which under all the circumstances, and according' to the character of the subject of the purchase, would be deemed reasonable. But without. a severance, or some indication, actual or constructive,…
2Cited by4 opinions
- Hill v. National BankSupreme Court of the United States · 1878
- Cross v. Weare Commission Co.Illinois Supreme Court · 1894
- Taylor v. LeeCourt of Appeals of Texas · 1911
- Wadleigh v. JanvrinSupreme Court of New Hampshire · 1860