Pulcifer v. Page
Supreme Judicial Court of Maine
Trespass for an iron chain, which each of the parties claimed to own. The evidence tended to show, that each of the parties had a chain; — that each chain had been broken into several pieces; that the plaintiff, without the consent or knowledge of the defendant, carried all the pieces to a blacksmith, and had them made up into two chains; — and that the defendant carried away one of them into which some part of his own chain had been incorporated.
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Trespass for an iron chain, which each of the parties claimed to own. The evidence tended to show, that each of the parties had a chain; — that each chain had been broken into several pieces; that the plaintiff, without the consent or knowledge of the defendant, carried all the pieces to a blacksmith, and had them made up into two chains; — and that the defendant carried away one of them into which some part of his own chain had been incorporated. It was for this chain, that this suit is brought. The Judge instructed the jury that if the plaintiff had only incorporated into this chain some…
1Opinion of the CourtHoward, J.
This case presents a question of acquisition of property by accession, but does not involve an inquiry concerning the admixture or confusion of goods. It is a general rule of law, that if the materials of one person are united to the materials of another, by labor, forming a joint' product, the owner of the principal materials will acquire the right of property in the whole, by right of accession. This was a rule of the Roman, and of the English law, and has been adopted, as it is understood, in the United States, generally. Dig. 6, 1, 61; Bracton de acq. rerum dom. B. 2, c. 2, § 3, 4;…
2Cited by10 opinions
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- Atchison, Topeka & Santa Fe Railway Co. v. SchriverSupreme Court of Kansas · 1906
- General Motors Acceptance Corp. v. Lyford (In Re Lyford)United States Bankruptcy Court, D. Maine · 1982
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