Dillingham v. Smith
Supreme Judicial Court of Maine
Replevin, for 1478 pine logs, tried before Wells, J. upon the general issue and a brief statement, alleging title in the defendants, denying the title of the plaintiffs, and praying judgment for a return. The plaintiffs read a permit from Isaac Farrar & als. to themselves, of Sept. 6, 1845, to enter upon lots No. 1, % 7, 8 and others, in township No. 3, range 13; and cut and haul timber therefrom, during the then next logging season.
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Replevin, for 1478 pine logs, tried before Wells, J. upon the general issue and a brief statement, alleging title in the defendants, denying the title of the plaintiffs, and praying judgment for a return. The plaintiffs read a permit from Isaac Farrar & als. to themselves, of Sept. 6, 1845, to enter upon lots No. 1, % 7, 8 and others, in township No. 3, range 13; and cut and haul timber therefrom, during the then next logging season. The State had previously conveyed the township to said Farrar and others, who signed the permit, reserving however one thousand acres for public uses. The…
1Opinion of the CourtShepley, C. J.
— The plaintiffs caused fourteen hundred and seventy-eight pine logs to be replevied, claiming to be the owners of them, and deriving their title from the owners of township numbered three, in the thirteenth range of towships. Most of them were cut upon lot numbered one in that township.
The defendants claimed to be the owners of the same logs, and exhibit in proof of their title a copy of the record of proceedings in the District Court in the county of Piscataquis, showing, that lot numbered one was, before these logs were cut upon it, located as part of one thousand acres reserved on sale of…
2Cases cited2 opinions
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- Smith v. MottleyCourt of Appeals for the Sixth Circuit · 1906
- Indiana v. MilkDistrict Court, D. Indiana · 1882
- Guille v. Wong FookOregon Supreme Court · 1886
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