Barnes v. Hosmer
Massachusetts Supreme Judicial Court
Tort for the alleged conversion of a house in the town of Russell. Writ in the District Court of Western Hampden dated May 27, 1905. On appeal to the Superior Court the case was tried before Wait, J. The character of the. evidence is described in the opinion.
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Tort for the alleged conversion of a house in the town of Russell. Writ in the District Court of Western Hampden dated May 27, 1905. On appeal to the Superior Court the case was tried before Wait, J. The character of the. evidence is described in the opinion. At the close of the evidence the plaintiff asked the judge to make the following rulings: 1. " That a building erected upon land of another is personal property when there is an express agreement that it may be such, when it may be fairly inferred from circumstances that it is such, or when the owner of the land has treated it as such.”…
1Opinion of the CourtB.ttgg, J.
It was agreed by the parties at the argument that the house, for the conversion of which this action is brought, stood upon land of the Woronoco Paper Company. Its title came by a chain of six deeds, which were in evidence as far back as 1881, no one of which contained any reservation, exception or mention of the building. It had stood about thirty years, but there was no evidence as to the circumstances under which it was constructed or placed, nor as to who was the owner of the land, nor whether it was done by the owner or a stranger to the title, and if by a stranger, what his relations…
2Cases cited9 opinions
- Poor v. OakmanMassachusetts Supreme Judicial Court · 1870
- Madigan v. McCarthyMassachusetts Supreme Judicial Court · 1871
- Morris v. FrenchMassachusetts Supreme Judicial Court · 1871
- Leonard v. . CloughNew York Court of Appeals · 1892
- Hartwell v. KellyMassachusetts Supreme Judicial Court · 1875
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3Cited by5 opinions
- Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
- Looney v. Trimount Theatres, Inc.Massachusetts Supreme Judicial Court · 1933
- Butler v. United Chevrolet, Inc. (In re United Chevrolet, Inc.)District Court, D. Massachusetts · 1982
- Duquenoy v. DorganMassachusetts District Court, Appellate Division · 1959
- Touher v. Town of EssexMassachusetts Appeals Court · 2015