Leland v. Gassett
Supreme Court of Vermont
Trover for a house and barn. Plea the general issue and trial jury. On trial, the plaintiff, to sustain the issue on his part, gave evidence tending to prove, that, in the year 1828, the defendant agreed with his son, Lovell Gassett, the deceased, that said Lovell might go on to a portion of the defendant’s land, erect buildings thereon, and occupy the same, and clear up and improve the land, to his own use, and that the defendant would sometime thereafter give said Lovell a…
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Trover for a house and barn. Plea the general issue and trial jury. On trial, the plaintiff, to sustain the issue on his part, gave evidence tending to prove, that, in the year 1828, the defendant agreed with his son, Lovell Gassett, the deceased, that said Lovell might go on to a portion of the defendant’s land, erect buildings thereon, and occupy the same, and clear up and improve the land, to his own use, and that the defendant would sometime thereafter give said Lovell a deed of the same land; that said Lovell entered upon the land, and, taking timber growing thereon, did, with his own…
1Opinion of the Court
The opinion of the court was delivered by
Williams, Ch. J.
The question presented in this case is, whether the house and barn, for which the recovery was had in the county court, were personal property; for, unless they are to be so considered, the action of trover cannot be maintained. It is conceded, that the action cannot be maintained to recover the value of fixtures. Buildings, when erected for the use and convenience of *410the owner of the soil, become a part of, and annexed to, the realty, and pass by a deed from the owner of the soil, and descend to the heir as part of the inheritance. It…
2Cases cited4 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Preston v. BriggsSupreme Court of Vermont · 1844
- Benedict v. BenedictSupreme Court of Connecticut · 1813
3Cited by10 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Dubois v. KellyNew York Supreme Court · 1851
- Cutler v. KellerWashington Supreme Court · 1915
- Bond Investment Co. v. BlakeleyCalifornia Court of Appeal · 1927
- Wing v. GraySupreme Court of Vermont · 1863
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