Needham v. Allison
Superior Court of New Hampshire
Trover, for forty-five loads of manure, April 1,1848. It appeared that on the 13th of September, 1847, the defendant conveyed to the plaintiff his farm in Dublin, in this county, which the defendant then occupied. By á clause in the deed he reserved the possession until the first of April, 1848, and agreed at that time to give the plaintiff the possession.
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Trover, for forty-five loads of manure, April 1,1848. It appeared that on the 13th of September, 1847, the defendant conveyed to the plaintiff his farm in Dublin, in this county, which the defendant then occupied. By á clause in the deed he reserved the possession until the first of April, 1848, and agreed at that time to give the plaintiff the possession. At the date of the conveyance there was some manure about the barns and yards, all of which was carried out in the fall and spread upon the land for the use of the plaintiff. At that time there was in the barn, hay and other fodder her…
1Opinion of the CourtBell, J.
It is settled here that manure, as between the buyer and seller, passes with the land, whether it is drawn out upon the land for the purpose of use there, or is lying in heaps, or otherwise, about the barns or yards. Kittredge v. Woods, 3 N. H. Rep. 503. The same is regarded as the law elsewhere in this country. Stone v. Proctor, 2 D. Chip. 115; Wetherbee v. Ellison, 19 Vt., (4 Wash.) 379; Lassell v. Reed, 6 Greenl. 222; Middleborough v. Corwin, 15 Wend. 169; Goodrich v. Jones, 2 Hill 142; Daniels v. Pond, 21 Pick. 371.
That principle, however, does not reach this case, since there is here no…
2Cases cited3 opinions
- Middlebrook v. CorwinNew York Supreme Court · 1836
- Kittredge v. WoodsSuperior Court of New Hampshire · 1826
- Stone v. ProctorSupreme Court of Vermont · 1824