Wescott v. Delano
Wisconsin Supreme Court
APPEAL from the Circuit Court for Shawano County. Action by Hiram Wescott and Charles D. Wescott against William Delano, for taking away and converting to his own use certain marsh hay. Verdict and judgment for the plaintiffs; and the defendant appealed. The facts necessary to an understanding of the point decided by this court are sufficiently stated in the opinion. cited 6 N. Y., 279-298; 8 Met, 84 ; 4 id., 580; 83 Pa.
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APPEAL from the Circuit Court for Shawano County. Action by Hiram Wescott and Charles D. Wescott against William Delano, for taking away and converting to his own use certain marsh hay. Verdict and judgment for the plaintiffs; and the defendant appealed. The facts necessary to an understanding of the point decided by this court are sufficiently stated in the opinion. cited 6 N. Y., 279-298; 8 Met, 84 ; 4 id., 580; 83 Pa. St, 251; 6 N. Y., 279 ; 1 Washb. on Real Property, 414-419 ; 3 Johns., 528; 7 Cow., 48.
1Opinion of the CourtCole, J.
We are of the opinion that the circuit court erred in refusing to give the first and fourth special instructions asked for by the defendant on the trial. Those instructions embraced substantially the same proposition, and were evidently drawn to meet the case in one aspect as presented by the proofs. That proposition was, that if Hiram Wescott conveyed *515tlie land on which the hay was cut to George "W. Delano, hy deed containing no reservation of the grass growing upon the land, and so conveyed it before the grass was cut, then Wescott could not acquire any right to the grass or hay unless by…
2Cited by4 opinions
- Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
- Davis v. JacobsonNorth Dakota Supreme Court · 1904
- Hicks v. SmithWisconsin Supreme Court · 1890
- Maier v. DavisWisconsin Supreme Court · 1883