Davis v. Emery
Supreme Judicial Court of Maine
ON EXCEPTIONS. The case sufficiently appears by the opinions. The building is personal property, for which trover is maintainable. Osgood v. Howard, 6 Maine, 452; Bussell v. Richards, 10 Maine, 429, and 11 Maine, 371; Hillborn v. Brown, 12 Maine, 162. There was an absolute sale of the property, and the provision- for its removal was an independent stipulation. Haines v. Hayward, 41 Maine, 488. Title did not revest after time fixed for removal expired.
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ON EXCEPTIONS. The case sufficiently appears by the opinions. The building is personal property, for which trover is maintainable. Osgood v. Howard, 6 Maine, 452; Bussell v. Richards, 10 Maine, 429, and 11 Maine, 371; Hillborn v. Brown, 12 Maine, 162. There was an absolute sale of the property, and the provision- for its removal was an independent stipulation. Haines v. Hayward, 41 Maine, 488. Title did not revest after time fixed for removal expired. Long on Sales, 181; 38 N. H. 432; Greaves v. Ashland, 3 Camp. 426 ; 1 Hy. Bla. 20. Plaintiff’s title was defeated by bis failure to remove tlie…
1Opinion of the Court
AppletoN, G. J.
This is an action of trover to recover the value of a building to which the plaintiff claims title by a bill of sale in the following words :
“ Newpield, Nov. 6,1865.
$40.00
J. B. .Davis bought of Elizabeth Emery one building 23 feet wide and 50 feet long, now standing west of my house and barn. Said building is to be moved off from where it now stands by the first of May next. Price forty dollars. Received pay.
Elizabeth Emeey.”
The building was not removed within the time specified. Upon the foregoing writing the justice presiding instructed the jury that if they found that the…
2Cases cited2 opinions
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
3Cited by6 opinions
- Broaddus v. SmithSupreme Court of Alabama · 1898
- Wetkopsky v. New Haven Gas Light Co.Supreme Court of Connecticut · 1914
- Endler v. State Bank Trust Co. of WellstonSupreme Court of Missouri · 1944
- Esbjornsson v. Buffalo Insurance Co.Supreme Court of Minnesota · 1958
- Township of Woodbridge v. Tyson Corp.Supreme Court of New Jersey · 1971
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