Conner v. Coffin
Superior Court of New Hampshire
Trespass, for breaking and entering the plaintiff’s close in Wolfborough, and carrying away and converting to the use of the defendant, fifty loads of the plaintiff’s manure. With the general issue, the defendant filed a brief statement, that he owned the manure, and entered upon the premises for the purpose of drawing it away.
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Trespass, for breaking and entering the plaintiff’s close in Wolfborough, and carrying away and converting to the use of the defendant, fifty loads of the plaintiff’s manure. With the general issue, the defendant filed a brief statement, that he owned the manure, and entered upon the premises for the purpose of drawing it away. The plaintiff produced a deed of the land described in his declaration, from one Hiram Ham to himself, dated April 19th, 1850, and introduced evidence showing that the defendant drew away from the premises twenty-two loads of manure. It appeared that' the manure was…
1Opinion of the CourtEastman, J.
The parties to the record in this case are Conner and Coffin ; but an examination of the facts stated,-shows that Ham, the original owner of the premises from which the manure was taken, is probably the defendant in interest. Be that as it may, however, whether he is interested as the real defendant, or as the implied warrantor of the title to the manure, or even if not interested at all, we do not discover that it can make any difference with the result.
Ham sold the farm at auction on the 18th of April, 1850, and at the time of the sale made no reservation of the manure. After the farm was…
2Cases cited4 opinions
- President, Directors, & Co. v. EmersonMassachusetts Supreme Judicial Court · 1818
- White v. ArndtSupreme Court of Pennsylvania · 1836
- Kittredge v. WoodsSuperior Court of New Hampshire · 1826
- Pinkham v. GearSuperior Court of New Hampshire · 1826
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