Fuller v. Tabor
Supreme Judicial Court of Maine
On EXCEPTIONS from Nisi Prius, Rice, J., presiding. Trover for a wooden building. • CJ The plaintiff introduced evidence tending to show that he sold to Moses B. Brown a shop for a certain sum which was to remain his until paid for. Brown moved it on to a piece of land and fitted it into a dwellinghouse and underpinned it, and lived there until he died. His widow occupied the same when this action was commenced. There was no evidence that it was ever paid for.
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On EXCEPTIONS from Nisi Prius, Rice, J., presiding. Trover for a wooden building. • CJ The plaintiff introduced evidence tending to show that he sold to Moses B. Brown a shop for a certain sum which was to remain his until paid for. Brown moved it on to a piece of land and fitted it into a dwellinghouse and underpinned it, and lived there until he died. His widow occupied the same when this action was commenced. There was no evidence that it was ever paid for. It appeared that Brown moved it upon land of one Hoxie without his knowledge or consent. After finding the house there, Hoxie notified…
1Opinion of the CourtBice, J.
— The evidence in this case tended to show that the house in controversy had been placed upon the land of one Hoxie, without his knowledge or consent, by Brown, under whom the defendant claims title.
Hoxie, who was a witness, testified, “ I did not know the house was there till some time after it was put there; can’t say how long; the house was underpinned; I gave no consent for it to be put there. As soon as I saw it, I notified Brown that the land was mine. He said he bought it of Reed. I told him Reed owned only the eight rod strip east of it. • Brown agreed to buy the land of me, and I…
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