Fitts v. Brown
Superior Court of New Hampshire
Trover, for two cows, driven by the defendant from the farm where the plaintiff lived, on the 22d day of March, 1841. The plaintiff, to prove property, • introduced an indenture, made on the first day of September, 1824, between himself and Daniel Fitts, reciting, among other things, that Daniel had, for certain considerations, conveyed to the plaintiff the farm referred to, and that the plaintiff had given to Daniel and his wife a lease of it for their lives and the life of…
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Trover, for two cows, driven by the defendant from the farm where the plaintiff lived, on the 22d day of March, 1841. The plaintiff, to prove property, • introduced an indenture, made on the first day of September, 1824, between himself and Daniel Fitts, reciting, among other things, that Daniel had, for certain considerations, conveyed to the plaintiff the farm referred to, and that the plaintiff had given to Daniel and his wife a lease of it for their lives and the life of the survivor, together with a bond for their support, and for other objects. The indenture then provided, that the…
1Opinion of the CourtGilchrist, J.
By tbe terms of tbe contract between Daniel Fitts and tbe plaintiff, Ebenezer Fitts, tbe latter *396was to occupy the farm, and to have all the produce except so much as should be necessary for the support of Daniel and his wife, which the plaintiff had agreed to deliver and bring into the house for them.
Daniel was to stock the farm, and did stock it; and from one of the animals furnished for that purpose is descended one of the cows which are the subject of this controversy, while the other was derived by the exchange of a calf of the same stock, made by the agency of Daniel and Sally acting…
2Cases cited5 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- M'Allister v. ReabNew York Supreme Court · 1830
- Champlin v. ButlerNew York Supreme Court · 1820
- Demyer v. SouzerNew York Supreme Court · 1831
- Hollister v. JohnsonNew York Supreme Court · 1830