Hunt v. Bay State Iron Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in August 1863, by one of the guarantors of a certain promissory note of the Boston and New York Central Railroad Company, to compel the execution by Horatio N. Slater, one of the respondents, of a trust concerning certain iron rails laid down and fastened upon the road-bed of that railroad company between Boston and Dedham, prior to January 1, 1855, and continuing so attached to the road-bed from that time to the time of bringing this bill; which trust…
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Bill in equity, filed in August 1863, by one of the guarantors of a certain promissory note of the Boston and New York Central Railroad Company, to compel the execution by Horatio N. Slater, one of the respondents, of a trust concerning certain iron rails laid down and fastened upon the road-bed of that railroad company between Boston and Dedham, prior to January 1, 1855, and continuing so attached to the road-bed from that time to the time of bringing this bill; which trust was alleged to be raised by the following instrument executed by Slater on September 18,1854: “ Whereas I have this day…
1Opinion of the CourtFoster, J.
There can be no doubt that the rails when laid upon the road-bed and fastened there so that engines and cars could pass over them would have become annexed to the realty and ceased to be personal property, in the absence of any agreement changing the ordinary rule of law.
It was held in Pierce v. Emery, 32 N. H. 484, and Haven v. Emery, 33 N. H. 66, that rails delivered under an agreement that they should be laid down on a specific part of the railroad and continue the property of the vendors until a specified price was paid for them, remained the personal property of the vendors until…
2Cases cited1 opinion
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
3Cited by62 opinions
- New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
- Mills v. Taunton Savings BankMassachusetts Supreme Judicial Court · 1890
- Binkley v. ForknerIndiana Supreme Court · 1889
- Sword v. LowIllinois Supreme Court · 1887
- Lorain Steel Co. v. Norfolk & Bristol Street Railway Co.Massachusetts Supreme Judicial Court · 1905
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