Wadleigh v. Janvrin
Supreme Court of New Hampshire
TRESPASS, by Jonathan B. Wadleigh against George Janvrin, for taking and carrying away a cider mill and press, two stanchion timbers, eighteen hinge staples, thirty tie chains, and twenty tie-up planks, alleged to have been taken from the plaintiff, and carried away by the defendant, in September, October, and November, 1857. It appeared in evidence that August 26th, 1857, the plaintiff purchased of the defendant a farm in Stratham, in this county, consisting of two hundred…
Read the full summary
TRESPASS, by Jonathan B. Wadleigh against George Janvrin, for taking and carrying away a cider mill and press, two stanchion timbers, eighteen hinge staples, thirty tie chains, and twenty tie-up planks, alleged to have been taken from the plaintiff, and carried away by the defendant, in September, October, and November, 1857. It appeared in evidence that August 26th, 1857, the plaintiff purchased of the defendant a farm in Stratham, in this county, consisting of two hundred and seventy-five acres of land, with the buildings and a large orchard thereon, and the crops and hay in the barns, for…
1Opinion of the CourtEowler, J.
The old and general rule of the law seems to have been, that whatever was annexed to the freehold became part of it, and could not be taken from it; understanding by the expression “ annexed to the freehold,” fastened to or connected with it; so that mere juxtaposition, or the laying of an object, however heavy, on the freehold, did not amount to annexation. Culling v. Tufnal, Buller’s Nisi Prius 34; Anthony v. Haneys Harding, 8 Bing. 186; Horn v. Baker, 9 East 215 ; Davis v. Jones, 2 B. & A. 165.
But there were early recognized cases of constructive annexation, in which an object, really a…
2Cases cited7 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Walker v. ShermanNew York Supreme Court · 1839
- Middlebrook v. CorwinNew York Supreme Court · 1836
- Parsons v. CampSupreme Court of Connecticut · 1836
- Gibson v. JenneyMassachusetts Supreme Judicial Court · 1818
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- New England Telephone & Telegraph Co. v. City of FranklinSupreme Court of New Hampshire · 1996
- A. Perley Fitch Co. v. Phoenix InsuranceSupreme Court of New Hampshire · 1926
- Hicks Rubber Co., Distributors v. StacyCourt of Appeals of Texas · 1939