Hill v. Wentworth
Supreme Court of Vermont
Trover for a quantity of iron. Plea, tbe general issue; trial by jury, April Term, 1855, — Underwood, J., presiding. Tbe plaintiff, to support tbe issue on bis part, put into tbe case two mortgage deeds from James I. Cutler, Henry Green and Alexander Fleming, to tbe plaintiff, of certain lands therein described, and among tbe rest of a paper-mill; also a decree of foreclosure of said mortgages in September, 1846, in which tbe time of redemption was limited to the 7th of…
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Trover for a quantity of iron. Plea, tbe general issue; trial by jury, April Term, 1855, — Underwood, J., presiding. Tbe plaintiff, to support tbe issue on bis part, put into tbe case two mortgage deeds from James I. Cutler, Henry Green and Alexander Fleming, to tbe plaintiff, of certain lands therein described, and among tbe rest of a paper-mill; also a decree of foreclosure of said mortgages in September, 1846, in which tbe time of redemption was limited to the 7th of October. 1847. One of the mortgage deeds above referred to, and upon which tbe decree was founded, contained among other…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
This is a case of very considerable practical im7 portance, and we have endeavored to give it the attention -which its importance demands. The charge assumes that, if the machinery in the mill was necessary and usual for the purpose of manufacturing paper, and designed to be and remain in the mill permanently, it became a part of the realty, however slightly it may have been attached to the freehold. There are, no doubt, cases in the books, which will fully warrant the charge of the court, and of that character is the case of Farrar v.…
2Cases cited9 opinions
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Walker v. ShermanNew York Supreme Court · 1839
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Gale v. WardMassachusetts Supreme Judicial Court · 1817
- Farrar v. ChauffeteteNew York Supreme Court · 1848
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3Cited by17 opinions
- Commercial Finance Co. v. Brooksville Hotel Co.Supreme Court of Florida · 1929
- Manwaring v. JenisonMichigan Supreme Court · 1886
- Perkins v. SwankMississippi Supreme Court · 1871
- Van Valkenburgh v. FordCourt of Appeals of Texas · 1918
- Hayford v. WentworthSupreme Judicial Court of Maine · 1903
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