Kingsley v. Holbrook
Supreme Court of New Hampshire
Trover, for 50 cords of pine saplings of the value of $200, and 40,-000 feet of pine logs valued at $300. Upon the general issue it appeared that the timber in question grew on land, owned in 1856 by S. Holbrook, since deceased, and the-defendant, and by the defendant alone since 1860. On the first of October, 1856,.the defendant and S. Holbrook made a conveyance of this timber to A. H.. Conant.
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Trover, for 50 cords of pine saplings of the value of $200, and 40,-000 feet of pine logs valued at $300. Upon the general issue it appeared that the timber in question grew on land, owned in 1856 by S. Holbrook, since deceased, and the-defendant, and by the defendant alone since 1860. On the first of October, 1856,.the defendant and S. Holbrook made a conveyance of this timber to A. H.. Conant. The deed was] substantially as follows Know all, &c., that we Samuel Holbrook and Son, of, &c., in consideration of $850 paid by A. H. Conant of, &c., do hereby sell and convey to said A. H. Conant,…
1Opinion of the CourtSargent, J.
In Massachusetts and Maine and some other States, the courts have held, as stated in I Greenl. Ev. sec. 271 and note, that a sale of trees growing upon land is not a sale of real estate, unless it is contemplated that they shall remain so as to receive profit and growth from the growing surface of the land; unless the vendee was to have some beneficial use of the land in connection with the trees. Where such is the case, then a sale of standing trees is a sale of an interest in land, otherwise not. The authorities cited in the plaintiff’s brief are in favor of the same view.
This doctrine had…
2Cases cited2 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Buck v. PickwellSupreme Court of Vermont · 1854
3Cited by4 opinions
- Palmer v. WahlerCalifornia Court of Appeal · 1955
- Peirce v. FinertySupreme Court of New Hampshire · 1911
- Benton v. SumnerSupreme Court of New Hampshire · 1876
- Ringneck Farms v. SteuweCourt of Appeals of Kansas · 2020