Folsom v. Moore
Supreme Judicial Court of Maine
This was an action of trespass for breaking and entering the plaintiff’s close, in Lovel, and carrying away from his dwellinghouse a Franklin stove. The writ is dated May 28, 1839. The plaintiff proved that on the 10th of August, 1835, he was the owner of the premises described in the writ — and that on that day he conveyed the same to Jonathan Small, who on the same day mortgaged the same premises to the plaintiff, to secure the payment of the purchase money.
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This was an action of trespass for breaking and entering the plaintiff’s close, in Lovel, and carrying away from his dwellinghouse a Franklin stove. The writ is dated May 28, 1839. The plaintiff proved that on the 10th of August, 1835, he was the owner of the premises described in the writ — and that on that day he conveyed the same to Jonathan Small, who on the same day mortgaged the same premises to the plaintiff, to secure the payment of the purchase money. The said Small, failing to pay the notes as they became due, the plaintiff commenced an action on the mortgage and recovered a…
1Opinion of the Court
The opinion of the Court was delivered by
Weston C. J.
The better opinion is, upon the authorities, that the stove in question, being fitted, adapted and designed for the use of the house would pass by a conveyance of it, as part of the real estate. But it was doubtless competent for the owner to sell it as personal, and if the purchaser or any under him thereupon takes it away, the former owner has no just cause of complaint. A tree, while standing, is part of the realty, and belongs to the owner of the land, upon which it grew. But if he sells it, for a valuable consideration, the purchaser…
2Cited by7 opinions
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- Mattechek v. PughOregon Supreme Court · 1935
- West v. Farmers' Mutual InsuranceSupreme Court of Iowa · 1902
- Gullicksen v. ShadoanMontana Supreme Court · 1950
- Elliott v. WrightMissouri Court of Appeals · 1888
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