Symonds v. Hall
Supreme Judicial Court of Maine
On Report from Nisi Prius, Howard, J., presiding. Trespass de bonis asportatis for a quantity of hay. Hall, one of the defendants, claimed to have seized and sold the hay, as a deputy sheriff, on an execution against one James H. Foster, as his property, and Morrill, the other defendant, claims that he was the owner of the hay, having bought it at a public sale by the other defendant, in his capacity as deputy sheriff. * It appeared, that the plaintiff was the owner of the…
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On Report from Nisi Prius, Howard, J., presiding. Trespass de bonis asportatis for a quantity of hay. Hall, one of the defendants, claimed to have seized and sold the hay, as a deputy sheriff, on an execution against one James H. Foster, as his property, and Morrill, the other defendant, claims that he was the owner of the hay, having bought it at a public sale by the other defendant, in his capacity as deputy sheriff. * It appeared, that the plaintiff was the owner of the farm on which the hay was cut, and that James H. Foster occupied the farm under this contract. The parts of it bearing…
1Opinion of the CourtHoward, J.
— The contract between the plaintiff and Foster was in legal effect a lease, by which the latter was entitled to the “use and benefit” of the farm of the former, with all the products of the farm, and benefit of the buildings, excepting what is hereinafter mentioned.” The lessor reserved to himself a specified portion of the dwellinghouse and “ a privilege of stowing the hay that is now in the barn, and his part of the hay to be cut on the farm, until sold or disposed of.” The lessee was to “carry the farm on well, secure the hay in good season and order,” and, as stipulated in the lease, “…
2Cases cited5 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Mowrey v. WalshNew York Supreme Court · 1828
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
- Wheelwright v. DepeysterNew York Supreme Court · 1806
- Carter v. SimpsonNew York Supreme Court · 1811
3Cited by6 opinions
- Gunder v. TibbitsIndiana Supreme Court · 1899
- Colville v. . MilesNew York Court of Appeals · 1891
- Munier v. ZacharySupreme Court of Iowa · 1908
- Eaves v. SheppardIdaho Supreme Court · 1909
- Bryant v. WhitcherSupreme Court of New Hampshire · 1872
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