Whitesell v. Collison

Leaming, V. C.

The single inquiry at this time is whether an outgoing tenant of farming lands, in the absence of a covenant to the contrary, may remove from the farm the manure made by him in the ordinary course of husbandry.

The rule which appears to have been almost universally adopted in this country is stated in 16 R. C. L. 754, as follows:

“It is generally held that manure made on a farm, occupied by a tenant at will or for years, in the ordinary course of husbandry, consisting of collections from the stable and barnyard, or of composts formed bjr an admixture of these with the soil or…