Haslem V. Lockwood - Argument of The Plaintiff-appellant

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) It never became a part of the real estate on which it was abandoned.

(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. 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.

(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. 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.

(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. 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.