Jordan v. Staples
Supreme Judicial Court of Maine
On REPORT. Trespass quare clausum, wlieroin tlie plaintiff alleges that the defendants broke and entered liis close, and took and carried away eleven tons of hay, owned and possessed by him. The fee of the premises was admitted to be in the plaintiff. The quantity of hay taken was admitted to be 17,396 pounds.
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On REPORT. Trespass quare clausum, wlieroin tlie plaintiff alleges that the defendants broke and entered liis close, and took and carried away eleven tons of hay, owned and possessed by him. The fee of the premises was admitted to be in the plaintiff. The quantity of hay taken was admitted to be 17,396 pounds. The defendants claimed the hay as the vendees of one Isaac Harmon, who carried on the farm on which the hay was cut, under a written lease from the plaintiff, the material parts of which are of the following tenor: “ That tlie said Ebenezer Jordan doth lease unto the said Isaac Harmon…
1Opinion of the CourtDickerson, J.
Trespass for breaking and entering plaintiff’s close, and carrying away his hay.
The title to the premises was in the plaintiff who had leased them to one Isaac Harmon before the alleged trespass was committed. Harmon sold the hay to the defendants.
By the terms of the lease of the premises, the lessee was “ to yield and pay therefor one-half of all the proceeds raised or grown upon said farm, to be delivered unto the lessor’s dwelling-house at the time of harvesting.” Subsequent provisions of the lease, however, render it clear that the parties did not intend to include the hay in “the…
2Cited by2 opinions
- Strain v. GardnerWisconsin Supreme Court · 1884
- Merriman v. McCormick Harvesting Machine Co.Wisconsin Supreme Court · 1893