Snow v. Perkins
Supreme Court of New Hampshire
• Trover, for twenty-five cords of manure. Facts found by a referee. In the spring of 1877 the plaintiffs, Snow and Perkins, formed a partnership in the business of raising hogs. The hogs were kept in a barn cellar and yard adjoining, on a farm in Rollinsford, on which Perkins lived, and of which he owned one seventh, his brothers two sevenths, and his mother the remaining four sevenths.
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• Trover, for twenty-five cords of manure. Facts found by a referee. In the spring of 1877 the plaintiffs, Snow and Perkins, formed a partnership in the business of raising hogs. The hogs were kept in a barn cellar and yard adjoining, on a farm in Rollinsford, on which Perkins lived, and of which he owned one seventh, his brothers two sevenths, and his mother the remaining four sevenths. During the season thirty or forty cords of loam, for which the plaintiffs paid $27, was purchased off the farm, and drawn into the barn cellar, and this, with the droppings of the hogs, with such portions of…
1Opinion of the CourtClark, J.
Manure made in the ordinary course of husbandry, in the absence of any special contract or custom, is regarded as a part of the realty, and passes by a conveyance of the land without reservation. Sawyer v. Twiss, 26 N. H. 345; Conner v. Coffin, 22 N. H. 538. But this rule does not apply to manure made in livery-stables, or in buildings unconnected with agricultural property, and. out of the course of husbandry. Plumer v. Plumer, 30 N. H. 558 ; Needham v. Allison, 24 N. H. 355. In such cases the manure is not considered an incident to the land, and does not pass by a conveyance of it. In the…
2Cases cited2 opinions
- Strong v. DoyleMassachusetts Supreme Judicial Court · 1872
- Woodis v. JordanSupreme Judicial Court of Maine · 1873