Legal Opinion

Moody v. Whitney

Supreme Judicial Court of Maine

Decided July 1, 1852PublishedCited by 6 opinions

On Report from Nisi Prius, Shepley, O. J. presiding. Trover, to recover the value of timber trees, cut upon the land of the plaintiff. The title to the land was claimed by both parties, and at the trial, the principal controversy related to that point. The evidence and the rulings upon it, it is not necessary here to present.

Read the full summary

On Report from Nisi Prius, Shepley, O. J. presiding. Trover, to recover the value of timber trees, cut upon the land of the plaintiff. The title to the land was claimed by both parties, and at the trial, the principal controversy related to that point. The evidence and the rulings upon it, it is not necessary here to present. In relation to the trees, which are the subject of the controversy, the testimony tended to prove that they were cut and carried away from the land which the plaintiff claims, by two of the defendants, Whitney and Kimball, from whom the defendant, Farns-worth, with…

1Opinion of the CourtRice, J.

This is an action of trover for the joint conversion, by the defendants, of certain timber trees, the alleged property of the plaintiff.

The title to the land from which the trees were taken was in dispute, and claimed both by the plaintiff and by Whitney and Kimball, two of the defendants. The title deeds of *565the parties were introduced and also a plan of the premises made by a surveyor appointed by order of the Court. Upon that plan was delineated the lines as claimed by the different parties.

Instructions were given by the Court with reference to those conflicting claims.

With respect to the…

2Cited by6 opinions

  1. Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
  2. Michigan Land & Iron Co. v. Deer Lake Co.Michigan Supreme Court · 1886
  3. Washburn v. CutterSupreme Court of Minnesota · 1871
  4. Jewett v. DringerSupreme Court of New Jersey · 1878
  5. Railroad v. HutchinsOhio Supreme Court · 1881

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API