Legal Opinion

Kingsley v. Holbrook

Supreme Court of New Hampshire

Decided July 15, 1864PublishedCited by 4 opinions

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

  1. Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
  2. Buck v. PickwellSupreme Court of Vermont · 1854

3Cited by4 opinions

  1. Palmer v. WahlerCalifornia Court of Appeal · 1955
  2. Peirce v. FinertySupreme Court of New Hampshire · 1911
  3. Benton v. SumnerSupreme Court of New Hampshire · 1876
  4. Ringneck Farms v. SteuweCourt of Appeals of Kansas · 2020

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