Dolliver v. Ela
Massachusetts Supreme Judicial Court
Tort for the conversion of certain buildings. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: It appeared that the buildings in question were erected by one Ashworth, upon land of the defendant, in such a manner as to become a part of the realty but for the contract hereinafter referred to, and that they were never physically severed from the realty up to the date of the writ.
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Tort for the conversion of certain buildings. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: It appeared that the buildings in question were erected by one Ashworth, upon land of the defendant, in such a manner as to become a part of the realty but for the contract hereinafter referred to, and that they were never physically severed from the realty up to the date of the writ. At the time of their erection, which was in the spring of 1868, Ashworth was in the possession of the land under the…
1Opinion of the CourtMorton, J.
It has been decided by this court, in several cases, that, if a man puts a house or other building upon land of another, under an agreement with the owner of the land that he may remove it, the building remains his personal property. He may lose his right to it if the land is sold to an innocent purchaser without notice of the agreement. He cannot set up his title against such innocent purchaser, whom he has misled by permitting the building to be attached to and apparently a part of the realty bought by him. But, as against the original owner of the land and all persons taking under him with…
2Cases cited3 opinions
- Hunt v. Bay State Iron Co.Massachusetts Supreme Judicial Court · 1867
- Hartwell v. KellyMassachusetts Supreme Judicial Court · 1875
- Brooks v. PrescottMassachusetts Supreme Judicial Court · 1874
3Cited by7 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
- McGee v. City of SalemMassachusetts Supreme Judicial Court · 1889
- Smith Paper Co. v. ServinMassachusetts Supreme Judicial Court · 1881
- Melton v. . Fullerton-Weaver Realty Co.New York Court of Appeals · 1915
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