A case in trover for a quantity of manure, brought before a justice of the peace and appealed by the defendant to the Court of Common Pleas for the county of Fairfield, and tried in that court, on the general issue concerning the matter of ownership of the manure before Justice Brewer.
At trial it was proved that the plaintiff employed two men to gather into heaps, on the evening of April 6, 1869, some manure that lay scattered on the ground along the side of a public highway. Most of this manure was from horses passing by. The men continued their efforts through the town of Stamford Connecticut. They started at 6 PM and by 8 PM, their efforts had resulted in eighteen heaps, which was enough to fill six cart-loads. While the heaps consisted largely of manure, there were also traces of soil, gravel and straw which are commonly seen along roadways. The defendant saw the piles the next morning. He inquired of the town warden to whom they belonged, and if he had given permission to anyone for their removal. The town warden did not know to whom the manure belonged and had not given permission to anyone for the removal. Learning this, the defendant removed the manure to his own land, where it was scattered on a field.
The plaintiff and defendant both averred that they had received permission from the warden to claim the manure. But testimony revealed that neither had any authority from any town official in Stamford for the removal. Neither plaintiff while gathering, nor the defendant while removing the heaps was interfered with or opposed by any one. The removal of the manure was calculated to improve the appearance and health of the borough. The manure was worth one dollar per cart full, six dollars in all. The plaintiff, upon learning that the defendant had taken the manure, demanded he pay six dollars. Defendant refused the demand. Neither litigant owned any of the land adjacent to the road.
On the above facts, the plaintiff prayed the court to rule that the manure was the personal property of the owners of the horses, and had been abandoned. By piling the manure into heaps, the plaintiff claimed ownership in trover. The only person who could reasonably have a greater claim to the manure would be the owner of the land in fee, and that barring any claim by the land owner, the plaintiff was the rightful owner.
The defendant claimed that the manure being dropped and spread out over the surface of the earth was a part of the real estate, and belonged to the owner of the fee, subject to a public easement; that the fee was either the borough of Stamford or the town of Stamford, or in the parties who owned lands adjacent; that therefore the scraping up of the manure, mixed with the soil, if real estate, did not change its nature to that of personal estate, unless it was removed, whether the plaintiff had consent of the owner of the fee or not; and that unless the heaps because personal property, the plaintiff could not maintain his action. The defendant further claimed that the plaintiff may have, indeed, turned the manure into a personal estate by the act of piling it up; but had abandoned his claim to the manure by leaving it unattended overnight and into the next day. This inattention was an abandonment of all rights to ownership of the manure. The trial court ruled adversely, and found for the defendant. The plaintiff had no property rights in the piles of manure. The plaintiff appeals this ruling to this court.
The case is appealed to this court, with the plaintiff seeking a new trial.
Argument of the plaintiff-appellant
Curtis and Hoyt (Counsel for the plaintiff-appellant) offered the following arguments in their brief:
(1) The manure in question was the personal property abandoned by its owners. (The owners of the horses.) [2][3]
(2) It never became a part of the real estate on which it was abandoned.[4][5][6][7][8]
(3) It being personal property abandoned by its owners, and lying upon the highway, and neither the owners of the fee nor the proper authorities of the town and borough having by any act of theirs shown any intention to appropriate the same, it became lawful for the plaintiff to gather it up and remove it from the highway, providing he did not commit a trespass, and removed it without objection from the owners of the land.[9] No trespass was in fact committed. No person was interfered with the plaintiff or made any objection. The court cannot presume a trespass to have been committed.[10][11]
(4) But if the manure had become a part of the real estate, yet when it was gathered into heaps by the plaintiff it was severed from the realty and became personal estate.[12][13] And being gathered without molestation from any person owning or claiming to own the land, it is to be considered as having been taken by tacit consent of such owner.[14]
(5) The plaintiff therefore acquired not only a valid possession, but a title by occupancy, and by having expanded labor and money upon the property. Such a title is a good legal title against every person by the true owner.
(6) If the plaintiff had a legal title then he had the constructive possession. If he had legal possession, and only left the property for a short time intending to return and take it away, then he might maintain an action against a wrong doer for taking it away.[15][16][17][18][19][20] The leaving of property for a short time, intending to return, does not constitute an abandonment. The property is still to be considered as in the possession of the plaintiff.
At trial it was proved that the plaintiff employed two men to gather into heaps, on the evening of April 6, 1869, some manure that lay scattered on the ground along the side of a public highway. Most of this manure was from horses passing by. The men continued their efforts through the town of Stamford Connecticut. They started at 6 PM and by 8 PM, their efforts had resulted in eighteen heaps, which was enough to fill six cart-loads. While the heaps consisted largely of manure, there were also traces of soil, gravel and straw which are commonly seen along roadways. The defendant saw the piles the next morning. He inquired of the town warden to whom they belonged, and if he had given permission to anyone for their removal. The town warden did not know to whom the manure belonged and had not given permission to anyone for the removal. Learning this, the defendant removed the manure to his own land, where it was scattered on a field.
The plaintiff and defendant both averred that they had received permission from the warden to claim the manure. But testimony revealed that neither had any authority from any town official in Stamford for the removal. Neither plaintiff while gathering, nor the defendant while removing the heaps was interfered with or opposed by any one. The removal of the manure was calculated to improve the appearance and health of the borough. The manure was worth one dollar per cart full, six dollars in all. The plaintiff, upon learning that the defendant had taken the manure, demanded he pay six dollars. Defendant refused the demand. Neither litigant owned any of the land adjacent to the road.
On the above facts, the plaintiff prayed the court to rule that the manure was the personal property of the owners of the horses, and had been abandoned. By piling the manure into heaps, the plaintiff claimed ownership in trover. The only person who could reasonably have a greater claim to the manure would be the owner of the land in fee, and that barring any claim by the land owner, the plaintiff was the rightful owner.
The defendant claimed that the manure being dropped and spread out over the surface of the earth was a part of the real estate, and belonged to the owner of the fee, subject to a public easement; that the fee was either the borough of Stamford or the town of Stamford, or in the parties who owned lands adjacent; that therefore the scraping up of the manure, mixed with the soil, if real estate, did not change its nature to that of personal estate, unless it was removed, whether the plaintiff had consent of the owner of the fee or not; and that unless the heaps because personal property, the plaintiff could not maintain his action. The defendant further claimed that the plaintiff may have, indeed, turned the manure into a personal estate by the act of piling it up; but had abandoned his claim to the manure by leaving it unattended overnight and into the next day. This inattention was an abandonment of all rights to ownership of the manure. The trial court ruled adversely, and found for the defendant. The plaintiff had no property rights in the piles of manure. The plaintiff appeals this ruling to this court.
The case is appealed to this court, with the plaintiff seeking a new trial.
Argument of the plaintiff-appellant
Curtis and Hoyt (Counsel for the plaintiff-appellant) offered the following arguments in their brief:
(1) The manure in question was the personal property abandoned by its owners. (The owners of the horses.) [2][3]
(2) It never became a part of the real estate on which it was abandoned.[4][5][6][7][8]
(3) It being personal property abandoned by its owners, and lying upon the highway, and neither the owners of the fee nor the proper authorities of the town and borough having by any act of theirs shown any intention to appropriate the same, it became lawful for the plaintiff to gather it up and remove it from the highway, providing he did not commit a trespass, and removed it without objection from the owners of the land.[9] No trespass was in fact committed. No person was interfered with the plaintiff or made any objection. The court cannot presume a trespass to have been committed.[10][11]
(4) But if the manure had become a part of the real estate, yet when it was gathered into heaps by the plaintiff it was severed from the realty and became personal estate.[12][13] And being gathered without molestation from any person owning or claiming to own the land, it is to be considered as having been taken by tacit consent of such owner.[14]
(5) The plaintiff therefore acquired not only a valid possession, but a title by occupancy, and by having expanded labor and money upon the property. Such a title is a good legal title against every person by the true owner.
(6) If the plaintiff had a legal title then he had the constructive possession. If he had legal possession, and only left the property for a short time intending to return and take it away, then he might maintain an action against a wrong doer for taking it away.[15][16][17][18][19][20] The leaving of property for a short time, intending to return, does not constitute an abandonment. The property is still to be considered as in the possession of the plaintiff.
0 kkk:
Posting Komentar