Strickland v. Parker
Supreme Judicial Court of Maine
On Pacts Agreed. Trover, for twenty-three-sixtieths of the specific materials of a marine railway formerly built on land, twenty-three-sixtieths of which belonged to one J. P. Plardy, and the remainder to Theophilus Cushing and others. The plaintiffs attached and levied upon Hardy’s interest in the real estate, including the railway and its appurtenances. The several owners of the land built their respective proportions of the railway.
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On Pacts Agreed. Trover, for twenty-three-sixtieths of the specific materials of a marine railway formerly built on land, twenty-three-sixtieths of which belonged to one J. P. Plardy, and the remainder to Theophilus Cushing and others. The plaintiffs attached and levied upon Hardy’s interest in the real estate, including the railway and its appurtenances. The several owners of the land built their respective proportions of the railway. Cushing had the general oversight of the business, paid bills, and received the income, and paid out dividends of earnings. Several years after the levy,…
1Opinion of the CourtKent, J.
The plaintiffs’ title to the property, which is the subject of this action of trover, depends upon a levy on real estate made by them. At the time of the levy, there was on the land a marine railway, consisting of iron and wooden rails and sleepers, endless chain, gear, wheels and ship cradle, all being a part of the railway, forming its entire superstructure. The railway was made iu the usual mode in constructing such works, by sleepers laid on the ground; the chain and cradle forming a necessary part of the railway.
The first question is, whether the railway passed by the levy, or whether it…
2Cases cited4 opinions
- Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
- Laflin v. GriffithsNew York Supreme Court · 1860
- Stern v. FreemanCourt of Appeals of Kentucky · 1863
- Spring v. LowellMassachusetts Supreme Judicial Court · 1805
3Cited by13 opinions
- Commercial Finance Co. v. Brooksville Hotel Co.Supreme Court of Florida · 1929
- Thomas v. DavisSupreme Court of Missouri · 1882
- Crane Co. v. Epworth Hotel Construction & Real Estate Co.Missouri Court of Appeals · 1906
- Bangor-Hydro Electric Company v. JohnsonSupreme Judicial Court of Maine · 1967
- Brown v. BaldwinSupreme Court of Missouri · 1894
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