Howard v. Lincoln
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas. The action was trespass for cutting and carrying away 408 white pine logs on the 19th of March, 1830. The suit was brought on May 20, 1835. The plaintiff was originally the owner of the land on which the trees stood, and on May 5,1825, conveyed the same to one Smith with a reservation in the deed in these words. “Reserving all the pine timber on said land above the size of ten inches in diameter twenty feet from the stump.”
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Exceptions from the Court of Common Pleas. The action was trespass for cutting and carrying away 408 white pine logs on the 19th of March, 1830. The suit was brought on May 20, 1835. The plaintiff was originally the owner of the land on which the trees stood, and on May 5,1825, conveyed the same to one Smith with a reservation in the deed in these words. “Reserving all the pine timber on said land above the size of ten inches in diameter twenty feet from the stump.” On the 13th of August, 1829, Smith conveyed the same to the defendant. “ To shew the intent of this reservation and control the…
1Opinion of the Court
After a continuance for advisement the opinion of the Court was prepared by
Weston C. J.
By the reservation in the deed of May, 1825, from the plaintiff to Theophilus Smith, Jr., under which the defendant claims, the trees therein described continued the property of the plaintiff, with the right, while they remained, in so much of the soil, as was necessary to sustain them. Liford’s case, 11 Coke, 46. The plaintiff has therefore a right to maintain this action, unless he has parted with his interest in the trees, cut and carried away by the defendant. By his bill of sale of January, 1824, to…
2Cited by11 opinions
- Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
- Adkins v. HuffWest Virginia Supreme Court · 1906
- Young v. Camp Manufacturing Co.Supreme Court of Virginia · 1910
- R. M. Cobban Realty Co. v. DonlanMontana Supreme Court · 1915
- Van Slyke v. Arrowhead Reservoir & Power Co.California Supreme Court · 1909
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