Dudley v. Foote
Supreme Court of New Hampshire
Assumpsit, for money had and received. Facts agreed. Before 1850 Reuben Johnson set hay-scales on his land in the usual manner, in an excavation made and stoned for the purpose, a part of it being in the highway. He died March 16,1852, having devised the land to Mary N. Johnson for life, or so long as she should remain unmarried: and she married before 1856. In the inventory of his estate, returned in June, 1852, the scales were classed as personal property.
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Assumpsit, for money had and received. Facts agreed. Before 1850 Reuben Johnson set hay-scales on his land in the usual manner, in an excavation made and stoned for the purpose, a part of it being in the highway. He died March 16,1852, having devised the land to Mary N. Johnson for life, or so long as she should remain unmarried: and she married before 1856. In the inventory of his estate, returned in June, 1852, the scales were classed as personal property. There were six heirs of Reuben Johnson, one of whom was the wife of Mr. Gage. On the marriage of Mary N. Johnson, the land was…
1Opinion of the CourtDob, C. J.
The hay-scales, being originally a part of the real estate of Reuben Johnson, passed, with the soil under them, not to his executor, but to his heirs, as a well dug and stoned by the testator at the same place would have passed to them; and their title was not divested and the legal character of the property was not changed by the classification of'the executor’s inventory. The sixth part of the scales that passed to Mrs. Gage (one of the heirs) has not ceased to be a part of her undivided sixth of the whole tract of land. The rest of the tract was conveyed by her co-heirs to her husband. The…
2Cases cited5 opinions
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Lacustrine Fertilizer Co. v. Lake Guano & Fertilizer Co.New York Court of Appeals · 1880
- Morss v. . SalisburyNew York Court of Appeals · 1872
- Springfield Five Cents Savings Bank v. South Congregational SocietyMassachusetts Supreme Judicial Court · 1879
3Cited by2 opinions
- Hodsdon v. KennettSupreme Court of New Hampshire · 1905
- Dyer v. HartshornSupreme Court of New Hampshire · 1906