Fulton v. Norton
Supreme Judicial Court of Maine
On -exceptions. Trespass de bonis asportatis, for taking and carrying away thirty-five tons of ballast stones from the bank of the Cathance river, in Bowdoinham, in the summer of 1873. The defendant admitted that he took and carried away in a. lighter the quantity of ballast stones alleged, and justified the taking because he purchased them of John Hall, who was then the owner in possession of the soil, under title of a deed warranty from John Patten, dated May 11, 1872,…
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On -exceptions. Trespass de bonis asportatis, for taking and carrying away thirty-five tons of ballast stones from the bank of the Cathance river, in Bowdoinham, in the summer of 1873. The defendant admitted that he took and carried away in a. lighter the quantity of ballast stones alleged, and justified the taking because he purchased them of John Hall, who was then the owner in possession of the soil, under title of a deed warranty from John Patten, dated May 11, 1872, conveying the farm upon which the stones originally were, as below stated. The plaintiff made no question of the ownership…
1Opinion of the CourtAppleton, C. J.
This is an action of trespass de bonis asportatis, for taking and carrying away thirty-five tons of ballast stones from the bank of Cathance river.
The plaintiff purchased the stones of John Patten, the then owner of the soil, paid him for the same, and removed them from the walls and fields of his farm and piled them by the shore of Cathance river, but on said farm.
The defendant claiming title under John Hall, the grantee of Patten, by a deed subsequent to the sale and removal of the stones *412before described, by tbe advice of Hall, who was then the owner of the farm upon which they were lying,…
2Cited by1 opinion
- Eggborn v. SmithSupreme Court of Virginia · 1913