Penhallow v. Dwight
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the plaintiff’s close, and cutting down and carrying away his corn there growing. The parties submitted the cause to the determination of the Court upon an agreed statement of facts.
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Trespass for breaking and entering the plaintiff’s close, and cutting down and carrying away his corn there growing. The parties submitted the cause to the determination of the Court upon an agreed statement of facts. The defendant, at the time when, &c., was a constable of Belchertown, * in [ * 35 ] which the locus in quo was situated, and he entered the close, and cut and carried away the plaintiff’s corn thereon growing, and then fully ripe and fit to be gathered ; claiming authority so to do, by virtue of an execution to him directed, then in full force, and issued in due form of law,…
1Opinion of the Court
Curia.
As the defendant had the right, and indeed was obliged, by the duty of his office, to enter the close of the plaintiff, and to seize any personal property of the plaintiff, whereby he might satisfy the execution he then held against the plaintiff; the only question is, whether corn, then in a proper state to be gathered, but found standing, might lawfully be cut down and disposed of, to raise the tnoney due upon the execution. And we have no doubt that corn, or any other product of the soil, raised annually, by labor and cultivation, is personal estate; and would go to the executor, and…
2Cited by15 opinions
- Ring v. LundSupreme Court of Iowa · 1906
- State v. FowlerCourt of Appeals of Maryland · 1898
- Commonwealth v. GalattaMassachusetts Supreme Judicial Court · 1917
- Tipton v. MartzellWashington Supreme Court · 1899
- Cheshire National Bank v. JewettMassachusetts Supreme Judicial Court · 1876
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