Stevens v. Chase
Supreme Court of New Hampshire
Replevin, for a heifer. In April, 1880, one Thompson leased to the plaintiff a farm and pasture for a year, furnishing for the plaintiff’s use on the farm cattle and sheep, of which the plaintiff was to have one half the income and gain in growth, and share one half the loss. The terms of the agreement were complied with, and the cattle and sheep on appraisal were redelivered to Thompson at the end of the year.
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Replevin, for a heifer. In April, 1880, one Thompson leased to the plaintiff a farm and pasture for a year, furnishing for the plaintiff’s use on the farm cattle and sheep, of which the plaintiff was to have one half the income and gain in growth, and share one half the loss. The terms of the agreement were complied with, and the cattle and sheep on appraisal were redelivered to Thompson at the end of the year. Among the cattle was the heifer, which, in June, 1880, escaped from the pasture to the defendant’s pasture. The plaintiff drove it to the pasture occupied by him, and the defendant,…
1Opinion of the CourtAnLEN, J.
It was enough, to maintain the action, for the plaintiff to show a special property in the chattel, with the exclusive right of possession at' the time of the caption. G. L., c. 245, s. 2; Mitchell v. Roberts, 50 N. H. 486. The lease or contract between Thompson and the plaintiff gave to him the exclusive possession of the heifer, and a special interest or property in it. The plaintiff had possession of the pasture where the heifer was kept, and possession of the heifer coupled with an interest. His possession was something more than a naked bailment. He not only had the entire care and use…
2Cited by1 opinion
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