Manure
A Dictionary of Law · William C. Anderson · 1889
A Dictionary of Law
See Waste, S. Made upon a farm, from consumption of its products, is part of the realty. Made from hay brought upon the land, has been held to be personalty, especially when gathered into heaps. If abandoned in a highway by the owner of the animals, the first taker has a right to it.' Manure which had accumulated in a public street, the fee of which belonged to the borough, was raked into heaps by the plaintiff during the evening of one day, to be removed the next evening. In this he was prevented by the defendant, who carted the manure away to his own land. In an action of trover by the plaintiff for the value of the manure, it was held; That the manure was personalty; that it belonged originally to the owners of the animals that dropped it, but was to be regarded as abandoned by such owners; that the first occupant had a right to appropriate it; that after the plaintiff had added to its value by the labor of raking it into heaps he was entitled to it; and that he had a reasonable time in which to remove it.*