Goddard v. Chase
Massachusetts Supreme Judicial Court
This action was trespass for breaking and entering the plaintiff’s house in Standish, and taking from the chimneys of said house two cast-iron stoves, the property of the plaintiff, in the same house being, and tearing, pulling down, and demolishing the fire-places in said house, &c.
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This action was trespass for breaking and entering the plaintiff’s house in Standish, and taking from the chimneys of said house two cast-iron stoves, the property of the plaintiff, in the same house being, and tearing, pulling down, and demolishing the fire-places in said house, &c. The cause was tried upon the general issue, with liberty to give any special matter in evidence, at an adjournment of the last May term in this county, before Thatcher, J., and a verdict taken for the plaintiff, subject to the opinion of the Court upon the following facts reported by the judge : — The stoves were…
1Per curiam
There can be no doubt that these stoves were a part of the house, and passed with it to the plaintiff by the levy of his execution; and so it appears the appraisers considered them The defendant, then, had no right to sever them from the freehold; and in doing it he was a mere trespasser, (a)
Judgment on the verdict. (2)
[There can be no doubt that the stoves were not fixtures. — Ed.]
Vide 4 Co. 62, Herlakenden’s case.—1 Salk. 368, Poole’s case
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