Wetherbee v. Ellison
Supreme Court of Vermont
Trespass for taking thirty loads of manure. Plea, the general issue, and trial by jury, November Term, 1844, — Hebard, J., presiding.
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Trespass for taking thirty loads of manure. Plea, the general issue, and trial by jury, November Term, 1844, — Hebard, J., presiding. On trial the plaintiff gave in evidence a deed to himself of the farm from which the manure was taken, dated February 6, 1844, and also gave evidence tending to prove, that, at the time the deed was executed, there was upon the farm, in a stable, which had been used for a hog pen, a quantity of manure, which the defendant subsequently took from the farm. The defendant gave evidence tending to prove, that he had formerly owned the farm, and that he occupied it…
1Opinion of the Court
The opinion of the court was delivered by
Kellogg, J.
The principle may be regarded as well settled in this state, that the manure of animals, spread about the barn yard, or laying in piles at the stable windows, is so attached to the land, that it passes, by a deed of the real estate, to the grantee. It was so held by this court in the case of Stone v. Proctor, 2 D. Ch. 108; and this would seem to be decisive of the present case, unless the situation of the manure, at the time of the conveyance of the freehold to the plaintiff, was such as to materially vary it from the case of Stone v.…
2Cited by3 opinions
- Wing v. GraySupreme Court of Vermont · 1863
- Plumer v. PlumerSuperior Court of New Hampshire · 1855
- Norton v. CraigSupreme Judicial Court of Maine · 1878