Sawyer v. Twiss
Superior Court of New Hampshire
Trover, for fifty loads of manure. Plea, the general issue. The manure in question was made on a farm owned, and occupied by the defendant, and was lying in heaps-about the barn on said farm. The farm was subject to a-, mortgage to one Moore. Some of the cattle which made the manure were owned by Moore, and kept by the defendant for him, at a certain price per week, and the rest were owned by the defendant, but were subject to a personal mortgage to Moore.
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Trover, for fifty loads of manure. Plea, the general issue. The manure in question was made on a farm owned, and occupied by the defendant, and was lying in heaps-about the barn on said farm. The farm was subject to a-, mortgage to one Moore. Some of the cattle which made the manure were owned by Moore, and kept by the defendant for him, at a certain price per week, and the rest were owned by the defendant, but were subject to a personal mortgage to Moore. The manure was attached by a deputy sheriff, as the personal property of the defendant, and sold by him at public auction, on an execution…
1Opinion of the CourtBell, J.
It has been decided here, that as between grantor and grantee of a farm, the manure lying in heaps in the fields, or deposited about the barns and barnyards on the premises, passes with the real estate. It is an incident and appurtenance of the land, and part of the real estate, like the fallen timber and. trees, the loose stones lying upon the surface of the earth, and like the wood and stone fences erected upon the land, and the materials of such fences when placed upon the ground for use, or accidentally fallen down. Kittredge v. Woods, 3 N. H. Rep. 503; Needham v. Allison, 4 Foster’s Rep.…
2Cases cited4 opinions
- Middlebrook v. CorwinNew York Supreme Court · 1836
- Kittredge v. WoodsSuperior Court of New Hampshire · 1826
- Ripley v. PaigeSupreme Court of Vermont · 1839
- Pinkham v. GearSuperior Court of New Hampshire · 1826