Moulton v. Robinson
Superior Court of New Hampshire
These were actions of trespass, for taking, carrying away and converting to the defendant’s own use, certain hay of the plaintiff. The defendant pleaded the general issue, and filed a brief statement, that the property was taken by him as a sheriff, by virtue of an execution against Ladd. The hay was cut upon a farm in the occupation of Ladd, under a lease from the other plaintiff, Moulton.
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These were actions of trespass, for taking, carrying away and converting to the defendant’s own use, certain hay of the plaintiff. The defendant pleaded the general issue, and filed a brief statement, that the property was taken by him as a sheriff, by virtue of an execution against Ladd. The hay was cut upon a farm in the occupation of Ladd, under a lease from the other plaintiff, Moulton. The material part of the lease is this: “ The produce to be divided when harvested, excepting the hay, which is to be used equally on said farm, and the proceeds or gain of the stock to be divided when…
1Opinion of the CourtBell, J.
It is in vain to seek in the recent books of the English common law for the rules which should regulate the rights of landlord and tenant, as to that part of the produce of the land which the tenant agrees to render to the landlord, as his share of the income of the property in the nature of rent. The contract known here as letting at the halves, or letting on shares, and which is one of the most common, as well as the most convenient modes of letting farming property, seems to a great extent unknown there. Principles have found a place in the books there, which deny to a grantor or lessor…
2Cases cited22 opinions
- Foote v. ColvinNew York Supreme Court · 1808
- Stewart v. DoughtyNew York Supreme Court · 1812
- Wilson v. ReedNew York Supreme Court · 1808
- Bradish v. SchenckNew York Supreme Court · 1811
- Caswell v. DistrichNew York Supreme Court · 1836
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3Cited by3 opinions
- In Re Genetically Modified Rice LitigationDistrict Court, E.D. Missouri · 2009
- Ferguson v. HarrisCourt of Appeals of Texas · 1942
- Wentworth v. Portsmouth & Dover RailroadSupreme Court of New Hampshire · 1875