Trask v. Bowers
Superior Court of New Hampshire
Trover for seventeen horned cattle and two horses. The cause was tried here at February term, 1827, upon the general issue, when the plaintiff, to prove the property in the cattle to be in himself, read in evidence an indenture dated the 29th October, 1819, whereby he leased to one T. Tilton, a farm for one year, and such further time as both parties-should please.
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Trover for seventeen horned cattle and two horses. The cause was tried here at February term, 1827, upon the general issue, when the plaintiff, to prove the property in the cattle to be in himself, read in evidence an indenture dated the 29th October, 1819, whereby he leased to one T. Tilton, a farm for one year, and such further time as both parties-should please. In the lease, reference was made to a schedule annexed in which it was stated that six oxen, three cows, one horse, and certain other property were delivered to Til-ton, according to the tenor and conditions of the lease. And it…
1Opinion of the Court
Richardson, G. J.
The facts of this case are shortly these. On the 29th October, 1819, the plaintiff leased to Tilton a farm and certain cattle, under a contract that Tilton should deliver to the plaintiff one half of the produce of the farm, and of the increase of the cattle, and at the end of the term return cattle of equal value. Til-ton continued to occupy the farm, sold the cattle and bought others with the assent of the plaintiff, and continued selling and exchanging the stock upon the farm, representing the same to be his own, and dealing with it as such until the 2d October, 1823,…
2Cases cited1 opinion
- Coburn v. PickeringSuperior Court of New Hampshire · 1826
3Cited by7 opinions
- Corning v. RecordsSupreme Court of New Hampshire · 1898
- Page v. CarpenterSuperior Court of New Hampshire · 1839
- Lewis v. WhittemoreSuperior Court of New Hampshire · 1831
- Kendall v. FittsSuperior Court of New Hampshire · 1850
- Walcott v. KeithSuperior Court of New Hampshire · 1850
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