Kingsley v. McFarland

Writ of entry to obtain possession of a certain parcel of land at Bar Harbor with the buildings thereon, comprising a two story dwelling-house and stable. The defendants do not contest the plaintiff’s title and right of possession of the land, but claim that the buildings are personal property, the defendant Phillips’ alleged title being under a mortgage from the other defendant.

A careful examination of the reported evidence satisfies us of the following facts: The plaintiff owning the land in question, in the early part of 1888 orally agreed to sell it for $6000 to McFarland who agreed to…