Legal Opinion

Shimmin v. Inman

Supreme Judicial Court of Maine

Decided July 15, 1846PublishedCited by 10 opinions

Trover for a quantity of mill logs, cut by the defendant and taken from lots numbered 16, 17 and 18 on Penobscot river, in the town of Howland.

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Trover for a quantity of mill logs, cut by the defendant and taken from lots numbered 16, 17 and 18 on Penobscot river, in the town of Howland. The plaintiff proved title in himself to these lots, by deed from the then proprietor thereof in 1824. The defendant claimed the right to cut the timber as the owner of the lots, and claimed to have title, through a mesne conveyance, under a deed from Daniel Wood, collector of taxes for the town of Howland for 1835, to one Charles Davis. This deed was dated Feb. 6, 1836. If a title to the land, which was at that time unimproved, passed by this deed,…

1Opinion of the Court

The opinion of the Court was drawn up by

Shepley J.

— The property of the plaintiff in the mill logs must depend upon his title to the lots of land, on which they were cut. Those lots were conveyed to him by William Ham-matt, on November 3, 1824. The defendant shows that they were sold and a conveyance of them made to Charles Davis by a collector of taxes of the town of Howland, on February 6, 1836, to collect taxes assessed upon them in the year 1835.

The act of March 12, 1831, provided that it should be sufficient for a party claiming under such a sale to produce in evidence the collector’s…

2Cited by10 opinions

  1. Oliver v. RobinsonSupreme Court of Alabama · 1877
  2. Bettison v. BuddSupreme Court of Arkansas · 1860
  3. Howe v. People ex rel. Huck.Illinois Supreme Court · 1877
  4. Huntington v. Central Pac. R.U.S. Circuit Court for the District of California · 1874
  5. North Real Estate Loan & Title Co. v. Billings Loan & Trust Co.Montana Supreme Court · 1907

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