Strong v. Doyle
Massachusetts Supreme Judicial Court
Tort for the conversion of thirty tons of manure. At the trial in the Superior Court, before Wilkinson, J., the plaintiff introduced evidence that he sold and conveyed a farm to the defendant on February 11, 1870, by a deed describing it by metes and bounds, and containing no reservation except a right for the plaintiff to occupy the land until April 1; that the manure in question was on this farm; that the defendant, while negotiating for the purchase of the farm, made a…
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Tort for the conversion of thirty tons of manure. At the trial in the Superior Court, before Wilkinson, J., the plaintiff introduced evidence that he sold and conveyed a farm to the defendant on February 11, 1870, by a deed describing it by metes and bounds, and containing no reservation except a right for the plaintiff to occupy the land until April 1; that the manure in question was on this farm; that the defendant, while negotiating for the purchase of the farm, made a separate and distinct oral agreement for the purchase of the manure; that it was agreed that the plaintiff should put up…
1Opinion of the CourtColt, J.
It was said in Fay v. Muzzey, 13 Gray, 53, that manure made in the course of husbandry upon a farm is so attached to and connected Avith the realty that, in the absence of any express stipulation to the contrary, it passes as appurtenant to it. This rule is applied in whatever situation or condition the material is before it is finally expended upon the soil. It is till then an incident of the real estate of such peculiar character that, while it remains only constructively annexed, it will be personal property if the parties interested agree so to treat it. Such an agreement, though it be…
2Cases cited3 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Bostwick v. LeachSupreme Court of Connecticut · 1809
- Noble v. SylvesterSupreme Court of Vermont · 1869
3Cited by4 opinions
- Collier v. JenksSupreme Court of Rhode Island · 1895
- Fletcher v. HerringMassachusetts Supreme Judicial Court · 1873
- Home Owners' Loan Corp. v. GotwalsSouth Dakota Supreme Court · 1941
- Snow v. PerkinsSupreme Court of New Hampshire · 1881