McKeen v. Converse
Supreme Court of New Hampshire
Trover, for five cows, with a count in case alleging that the plaintiff, as agister, had in his custody five cows which the defendants wrongfully took from him under pretence of impounding. Plea, the general issue, with a special plea of justification under impounding proceedings. Facts found by a referee.
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Trover, for five cows, with a count in case alleging that the plaintiff, as agister, had in his custody five cows which the defendants wrongfully took from him under pretence of impounding. Plea, the general issue, with a special plea of justification under impounding proceedings. Facts found by a referee. In 1890, the plaintiff owned a pasture, and the defendants tillage land, in Northumberland, between which was a lot owned by S. The fence between the pasture and the S. lot was defective, and there was none between that lot and the tillage. The plaintiff pastured five cows belonging one…
1Opinion of the CourtWallace, J.
The plaintiff being in the lawful possession ot the cattle when impounded, as agister, had a special or qualified property in them which entitled him to maintain an action for any injury to his possession, or any conversion of the property. 2 Bl. Com. 453; 2 Kent 585; Sto. Bailm., s. 443; Woodman v. Nottingham, 49 N. H. 387, 393.
It does not follow that one of the cows was not damage feasant within the meaning of the statute, because, although when discovered by the landowner she was in the oat field, yet at the precise moment of time when taken by the defendants for the purpose of impounding…
2Cases cited1 opinion
- Holden v. TorreySupreme Court of Vermont · 1859
3Cited by3 opinions
- Filosi v. CrossmanSupreme Court of Connecticut · 1930
- Callan v. SetherSouth Dakota Supreme Court · 1913
- Cohn v. SaidelSupreme Court of New Hampshire · 1902