Barron v. Davis
Superior Court of New Hampshire
Trover for masts, spars, and logs. The conversion was alleged to have been made by the two defendants, and another person upon whom the writ was not served.
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Trover for masts, spars, and logs. The conversion was alleged to have been made by the two defendants, and another person upon whom the writ was not served. The cause was tried here upon the general issue, at October term, 1827, when it appeared in evidence, that the plaintiffs, for several years before the year 1825, turned into Connecticut river, at Dalton, large quantities of pine timber without being rafted, or under the immediate care and control of any person, or persons whatever, otherwise than that individuals were employed at certain places upon the river to collect it. The timber…
1Opinion of the Court
The opinion of the court was delivered by the
chief justice.
The first question, which this case presents for our decision, is, whether the timber, which the defendant took from Wells’ flats, was there under such circumstances, that they might lawfully seize it as forfeited i
We shall not stop to consider, what influence the circumstance that Wells’ flats are within the limits of Vermont, if the fact be so, ought to have in the decision of this question, because the case does not state where-those flats are, and because we think it clear, on another ground, that the timber was not, under the…
2Cases cited1 opinion
- Wilson v. ReedNew York Supreme Court · 1808
3Cited by2 opinions
- Hyde v. NobleSuperior Court of New Hampshire · 1843
- Stevens v. EamesSuperior Court of New Hampshire · 1851