Hall v. Hall
Supreme Judicial Court of Maine
On exceptions by defendant. Exceptions overruled. This is an action brought under Revised Statutes, Chap. 97, Sec. 5, by two tenants in common against another tenant in common and undivided land to recover three times the amount of damages done by cutting wood and timber by the defendant on said common and undivided land. The defendant pleaded the general issue and the Statute of Limitations. The jury returned a verdict for the plaintiff. The case is stated in the opinion.
1Opinion of the CourtSavage, C. J.
This cause is brought under R. S., Chap. 97, Sec. 5, which provides, so far as is necessary to state here, that if a tenant in common of undivided lands cuts down or carries away timber or wood, without first giving thirty days written notice to his co-tenants, he shall forfeit three times the amount of damages; also that any one or more of the co-tenants without naming the others may sue for and recover their proportion of such damages. Joseph Hall, dying in 1895, left five sons, of whom the plaintiffs are two and the defendant is one. Fred F. Hall was then a minor, and by his father’s will…
2Cases cited2 opinions
- Cole v. GrovesMassachusetts Supreme Judicial Court · 1883
- In re BarkerSupreme Court of Vermont · 1884
3Cited by4 opinions
- Foisy v. BishopSupreme Judicial Court of Maine · 1967
- Michaud v. City of BangorSupreme Judicial Court of Maine · 1964
- Pamela A. Denutte v. U.S. Bank, N.A.Supreme Judicial Court of Maine · 2019
- Pamela A. Denutte v. U.S. Bank, N.A.Supreme Judicial Court of Maine · 2019