¶1The only exception before us is to the refusal to give the instruction requested. But that instruction may well have been refused by the presiding judge as tending to confuse and mislead the jury by giving them to understand that manure, which by force of an agreement of the parties interested, or because it was not made in the usual course of husbandry, was personal property, would necessarily become real estate at the. termination of the plaintiff’s tenancy. Daniels v. Pond, 21 Pick. 367. Fay v. Muzzey, 13 Gray, 53. Strong v. Doyle, 110 Mass. 92. The instructions given are not reported, and must be presumed to have been accurate and sufficient. Exceptions overruled.
112 Mass. 382
Fletcher v. Herring
Massachusetts Supreme Judicial Court
Decided September 15, 1873
Massachusetts Supreme Judicial Court · decided 1873-09-15
Tort for the conversion of two cords of manure. At the trial in the Superior Court, before Wilkinson, J., it op« peared that the plaintiff had occupied a dwelling-house, a bam and a garden of something over a quarter of an acre, as a tenant at will of one Koontz; that he voluntarily terminated his tenancy February 28, 1872, before the expiration of a year from April 1, 1871, the period contemplated by the original letting; that when he came into possession of the premises,…
Cited by 2 later decisions — most recently November 1902
2 state decisions
Relies on Strong v. Doyle
Good law ✅— No negative treatment on recordhow we know
Decided 1873-09-15
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