Legal Opinion

Kittredge v. Woods

Superior Court of New Hampshire

Decided October 15, 1826PublishedCited by 9 opinions

This was an action of trespass for breaking and entering, on the 24th Maj, 1824, the plaintiff’s close, and carrying away 40 loads of manure. The defendant pleaded the general issue, and also a license, on which issue was joined.

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This was an action of trespass for breaking and entering, on the 24th Maj, 1824, the plaintiff’s close, and carrying away 40 loads of manure. The defendant pleaded the general issue, and also a license, on which issue was joined. The cause was tried here, at April term, 1826 ; when it appeared, that the plaintiff was tenant of the farm in the year 1823, where the manure in question was made, by cattle about the barn, under the owners, with whom he contracted to use the hay on the farm. In the spiing of 1824, the plaintiff purchased one half of said farm, and the defendant the other half; and…

1Opinion of the CourtJticHARDSON, C. J.

The question, what are to be considered asfixiares, or appurtenances to land, so as to go with the inheritance, may arise be*504tween parties, standing in very different relations to each other ; and there are various classes of cases founded on those various i elation*, to the decision of which, rules ia some degree different have been applied. The parties in this case may be considered as standing in the relation of vendor and vendee, each having sold and conveyed to the other his inter* est in a portion of the land. As they had an opportunity to adjust ever^ thing by contract, with respect to…

2Cases cited1 opinion

  1. Gale v. WardMassachusetts Supreme Judicial Court · 1817

3Cited by9 opinions

  1. Despatch Line of Packets v. Bellamy Man. Co.Superior Court of New Hampshire · 1841
  2. Plumer v. PlumerSuperior Court of New Hampshire · 1855
  3. Conner v. CoffinSuperior Court of New Hampshire · 1851
  4. State v. ElliotSuperior Court of New Hampshire · 1841
  5. Wintermute v. LightNew York Supreme Court · 1866

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