Hutchins v. Shaw
Massachusetts Supreme Judicial Court
This was a writ of entry to recover a lot of land, with a dwelling-house thereon, in Chicopee, and was submitted to the court upon the following agreed statement of facts: — The tenant did not deny the right of the demandants to recover possession of the land, but he claimed the right to hold and remove the house as personal property In the spring of 1847, one Chapin being then the owner in fee of the land demanded, and having on hand a quantity of unsalable lumber, Shaw,…
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This was a writ of entry to recover a lot of land, with a dwelling-house thereon, in Chicopee, and was submitted to the court upon the following agreed statement of facts: — The tenant did not deny the right of the demandants to recover possession of the land, but he claimed the right to hold and remove the house as personal property In the spring of 1847, one Chapin being then the owner in fee of the land demanded, and having on hand a quantity of unsalable lumber, Shaw, the defendant, who was a carpenter, proposed to Chapin to construct a house with the same on the lot in question. It was…
1Opinion of the Court
By the Court.
The court can perceive no ground on which to hold that Shaw had any title to the house as per*61sonal property. It was built on Chapin’s land ; the labor and materials were partly furnished by Chapin, under an agreement with Shaw, to have the house by a regular deed of conveyance, when the land and materials should be paid for. The estate must of course remain Chapin’s, until paid for and conveyed according to the agreement. It is stated that the timber was charged by Chapin to Shaw on book; but this is no evidence of a sale for a money price, which changed the property in the…
2Cited by13 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
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- Hartford Fire Insurance v. Kirkpatrick, Dunn & Co.Supreme Court of Alabama · 1895
- Bush v. BrownIndiana Supreme Court · 1874
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