Mosher v. Vehue
Supreme Judicial Court of Maine
On exceptions. Replevin for a quantity of peeled hemlock logs. The trees were cut and peeled by the husband of the mortgagor of the land in possession, and sold to the plaintiff. The mortgagee gave no permission for cutting the timber and subsequently assigned the mortgage and mortgage debt to the defendant.
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On exceptions. Replevin for a quantity of peeled hemlock logs. The trees were cut and peeled by the husband of the mortgagor of the land in possession, and sold to the plaintiff. The mortgagee gave no permission for cutting the timber and subsequently assigned the mortgage and mortgage debt to the defendant. The presiding justice ruled that the assignment of the mortgage carried with it the lumber in controversy, and that this action could not be maintained and directed a verdict for the defendent. To this ruling the plaintiff alleged exceptions. contended, that the assignment of the mortgage…
1Opinion of the CourtWalton, J.
We think the ruling in this case was correct. There can be no doubt that when timber trees are wrongfully cut *170upon mortgaged premises by the mortgagor or a stranger, without the consent of the mortgagee, the latter is entitled to take and hold possession of them. And we think it is equally clear that if the mortgagee assigns his mortgage, the assignee has the same right in this particular which the mortgagee before had; and that, as against the mortgagee or his assignee, neither the wrong doer, nor a purchaser from him, can maintain replevin for timber so cut. Such in effect was the ruling in…
2Cited by2 opinions
- McKelvey v. CreeveySupreme Court of Connecticut · 1900
- Houle v. GuilbeaultSupreme Court of Rhode Island · 1944