Haslem v. Lockwood
Supreme Court of Connecticut
Trover, for a quantity of manure ; brought before a justice of the peace and appealed by the defendant to the Court of Common Pleas for the county of Fairfield, and tried in that court, on the general issue closed to the court, before Brewster, J. On the trial it was proved that the plaintiff employed two men to gather into heaps, on the evening of April 6th, 1869, some manure that lay scattered along the side of a public-highway, for several rods, in the borough of…
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Trover, for a quantity of manure ; brought before a justice of the peace and appealed by the defendant to the Court of Common Pleas for the county of Fairfield, and tried in that court, on the general issue closed to the court, before Brewster, J. On the trial it was proved that the plaintiff employed two men to gather into heaps, on the evening of April 6th, 1869, some manure that lay scattered along the side of a public-highway, for several rods, in the borough of Stamford,,intending to remove the. same to his own land the nest evening. The men began to scrape the manure into heaps at sis…
1Opinion of the CourtPark, J.
We think the manure scattered, upon the ground,. under the circumstances of this case, was personal property. The cases referred to by the defendant to show that it was real estate aré not in point. The principle of those cases is, that manure made in the usual course of husbandry upon a farm is so attached to and connected with the realty that, in the absence of any express stipulation to the contrary,- it becomes appurtenant to it. The principle was established for the benefit of agriculture. It found its origin in the fact that it is essential to the successful cultivation of a farm that…
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