Chesley v. Brockway
Supreme Court of Vermont
Trespass on the Freehold for a quantity of manure. Plea the general issue, and trial by Jury, December Term, Caledonia County, 1861, Poland, Ch. J., presiding. The plaintiff produced in evidence a deed from one Charles Varney of the premises, dated April 24, 1858, and recorded May 1, 1858. The manure in question was made on the premises while Varney was in possession of them, and was so situated as to pass by deed.
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Trespass on the Freehold for a quantity of manure. Plea the general issue, and trial by Jury, December Term, Caledonia County, 1861, Poland, Ch. J., presiding. The plaintiff produced in evidence a deed from one Charles Varney of the premises, dated April 24, 1858, and recorded May 1, 1858. The manure in question was made on the premises while Varney was in possession of them, and was so situated as to pass by deed. The defendant’s evidence tended to show that prior to the date of the deed from Varney to the plaintiff, he purchased the manure of Varney, and paid him for it, and that between…
1Opinion of the CourtAldis, J.
When Varney sold the manure to the defendant, he was the owner of it, and of the land. The defendant’s right to take it was at that time unquestionable, but hi§ right would not ripen into a perfect title until he actually took it. Until such taking and severance by the defendant, the manure remained a part of the realty.
While thus remaining Varney sold the land to the plaintiff, without giving him notice of the sale to defendant. Thus the title to the manure passed by the deed to the plaintiff. At this point both plaintiff and defendant were 'bona fide purchasers — each having the same right…
2Cases cited3 opinions
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- Middlebrook v. CorwinNew York Supreme Court · 1836
- Cutting v. CoxSupreme Court of Vermont · 1847
3Cited by3 opinions
- Huntley v. HoughtonSupreme Court of Vermont · 1911
- Rice v. ChaseSupreme Court of Vermont · 1902
- Baxter v. BrownSupreme Court of Rhode Island · 1904