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111 Mass. 297

Ham v. Kendall

Massachusetts Supreme Judicial Court

Decided January 15, 1873

Massachusetts Supreme Judicial Court · decided 1873-01-15

Tort against Stephen C. Kendall, Willard Walcott and Darius Dow, for breaking and entering the plaintiff’s close and demolishing his ice-house.

Cited by 6 later decisions — most recently February 1887

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-01-15

View the full empirical analysis of this case →

By the Court.

¶1When the ice-house was erected upon the land under the agreement, it was personal property. The sales, whether of the land or the building, did not change its character in this respect. No notice to remove it was given to its owner, and he had a right to go upon the land and remove it, and appropriate the materials to his own use.

¶2Judgment for the defendants.

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