Corey v. Bishop
Supreme Court of New Hampshire
This is an action of trover for taking twenty cords of manure. In October, 1865, the plaintiff’s buildings, excepting a barn containing twenty-five tons of hay, were burned.
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This is an action of trover for taking twenty cords of manure. In October, 1865, the plaintiff’s buildings, excepting a barn containing twenty-five tons of hay, were burned. The third day after, the plaintiff made an arrangement with one Anna Bishop, the mother of his first wife, and grand-mother of two of his children, who lived about a mile and a half away, to move into her house with his family and occupy a part of the barn with his stock, and feed out his hay to them there for the coming winter. The plaintiff moved his family and cattle as aforesaid, and occupied a part of the house and a…
1Opinion of the CourtSargent, J.
The occupancy by plaintiff of the premises of his mother-in-law, in this case, would hardly be that of an ordinary tenant; at most it could only be a tenancy at will, and the manure made by his stock from his own hay, brought there from his own farm, could not be said to be made in the ordinary course of husbandry.
Now it is well settled that if a farm is rented for agricultural purposes, and there is no particular agreement as to the manure that shall be made upon it during the tenancy, the manure does not belong to the tenant but to the farm, and must be used on the farm, and the tenant has…
2Cases cited5 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Powers v. DennisonSupreme Court of Vermont · 1858
- Dubois v. KellyNew York Supreme Court · 1851
- Godard v. GouldNew York Supreme Court · 1853
- Wing v. GraySupreme Court of Vermont · 1863