Poor v. Oakman
Massachusetts Supreme Judicial Court
Tort by John R. Poor and Samuel A. Carleton for the conversion of a meeting-house and the furniture thereof, in, Somerville. Answer, a general denial, and an allegation that the building was real estate belonging to the firm of Oakman & Eldridge, of which the defendant was the surviving partner.
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Tort by John R. Poor and Samuel A. Carleton for the conversion of a meeting-house and the furniture thereof, in, Somerville. Answer, a general denial, and an allegation that the building was real estate belonging to the firm of Oakman & Eldridge, of which the defendant was the surviving partner. At the trial, before Morton, J., the plaintiffs introduced evilence tending to prove these facts : The Broadway Congregational Society in Somerville, a religous society, was formed in 1863; Poor, Carleton, Oakman and Eldridge were all members of it; Oakman was clerk, and Carleton treasurer. It…
1Opinion of the CourtChapman, C. J.
The plaintiffs’ title to recover the value of the meeting-house depends upon the question whether it was, at the time of the sale to them, personal estate or a part of the realty. If it was a part of the realty when erected, the legal title to it was at the first in the defendant. What equitable relations existed between him and the society cannot be considered here. The defendant might consent to an oral sale of it to the plaintiffs; and after such sale, and the severance of the structure from the land, it would become personal property. Not only a structure, but trees, grass, stone in a…
2Cases cited2 opinions
- Washburn v. SproatMassachusetts Supreme Judicial Court · 1820
- Oakman v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1867
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- McFadden v. . AllenNew York Court of Appeals · 1892
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