Erskine v. Plummer
Supreme Judicial Court of Maine
This was an action of assumpsit, brought by George Erslcine, for the proceeds of certain timber sold by the defendant. The material facts, developed on the trial, which was had before the chief justice, were the following:— being the owner of a lot of land in Aina, on which the timber in question grew, mortgaged the same, Dec. 11, 1819, to W. 8f G. Tuckerman, to secure the payment of ,f444,03, with interest.
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This was an action of assumpsit, brought by George Erslcine, for the proceeds of certain timber sold by the defendant. The material facts, developed on the trial, which was had before the chief justice, were the following:— being the owner of a lot of land in Aina, on which the timber in question grew, mortgaged the same, Dec. 11, 1819, to W. 8f G. Tuckerman, to secure the payment of ,f444,03, with interest. On the 8th of April, 1822, his right in equity of redemption was duly sold on execution, and purchased by the plaintiff, to whom a deed was accordingly made. On the 15th of October 1822,…
1Opinion of the Court
The opinion of the Court was road at the ensuing September term, as drawn up by
Weston J,
The title of the plaintiff to the timber, for the proceeds of which this action is brought, is contested by the defen*450dant, The timber, with the land upon which it stood, originally belonged to Levi B. Erskine, who, at the time he made the sale relied upon by the plaintiff; had a right to dispose of it against all persons except the Tuckermans, to whom the land had been mortgaged, Was the sale of the timber, being by parolj good between, the contracting parties, so as to pass the property in the timber to…
2Cases cited1 opinion
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
3Cited by7 opinions
- Leonard v. MedfordCourt of Appeals of Maryland · 1897
- Rankin v. RidgeNew Mexico Supreme Court · 1948
- Wetkopsky v. New Haven Gas Light Co.Supreme Court of Connecticut · 1914
- Spalding v. ArchibaldMichigan Supreme Court · 1883
- Cushing v. StateSupreme Judicial Court of Maine · 1981
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