Dyer v. Hartshorn
Supreme Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close and cutting and carrying away timber. Writ dated April 15, 1904. Trial at the May term, 1905, of the superior court before Peaslee, J., who found a verdict for the defendant, subject to the plaintiff’s exception. Transferred upon an agreed statement of facts.
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Trespass, for breaking and entering the plaintiff’s close and cutting and carrying away timber. Writ dated April 15, 1904. Trial at the May term, 1905, of the superior court before Peaslee, J., who found a verdict for the defendant, subject to the plaintiff’s exception. Transferred upon an agreed statement of facts. March 24, 1899, M. Susie Temple conveyed the Perkins farm in Mont Yernon to Elnora Winn, by a warranty deed which contained the following clause: “Reserving the wood and timber standing on the following described piece of land: Beginning at the no. east corner of said woodlot,…
1Opinion of the CourtBingham, J.
The title to the trees reserved in the deed of March 24, 1899, was absolute. The fact that the deed provided for their removal from the land before May 1, 1901, did not render the title to them conditional, but made their continuance upon the land after that date unlawful. Hoit v. Stratton Mills, 54 N. H. 109; S. C., 54 N. H. 452; Smith v. Furbish, 68 N. H. 123, 130; Irons v. Webb, 41 N. J. Law 203. By the reservation the trees were, in contemplation of law, severed from the granted land (Kingsley v. Holbrook, 45 N. H. 313; Hoit v. Stratton Mills, 54 N. H. 109), and as effectually transformed…
2Cases cited3 opinions
- Smith v. FurbishSupreme Court of New Hampshire · 1894
- Stackpole v. Eastern RailroadSupreme Court of New Hampshire · 1883
- Dudley v. FooteSupreme Court of New Hampshire · 1884
3Cited by3 opinions
- McCleaf v. CarrollDistrict Court, D. Delaware · 2006
- Peirce v. FinertySupreme Court of New Hampshire · 1911
- Clark v. AldrichCourt of Appeals for the First Circuit · 1922