Woodis v. Jordan
Supreme Judicial Court of Maine
On exceptions and motion for a new trial. Trover for a taking by the defendant of thirty-two cords of wood, cut upon land owned by one Martin, who bought the farm of Jordan, and mortgaged it back to secure the purchase-money. After the wood was cut, and before its removal from the land, Mr. Jordan took possession to foreclose his mortgage, Martin having before then sold the wood to one Leonard, who subsequently sold it to the plaintiff.
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On exceptions and motion for a new trial. Trover for a taking by the defendant of thirty-two cords of wood, cut upon land owned by one Martin, who bought the farm of Jordan, and mortgaged it back to secure the purchase-money. After the wood was cut, and before its removal from the land, Mr. Jordan took possession to foreclose his mortgage, Martin having before then sold the wood to one Leonard, who subsequently sold it to the plaintiff. There was some disagreement as to whether or not Jordan gave Martin leave to cut the wood; but the main controversy was whether or not Jordan prevented the…
1Opinion of the CourtAppleton, C. J.
This was an action of trover for a quantity of ■ wood cut by one Martin upon land of which the defendant was mortgagee, and Martin was the mortgagor. The wood was piled on the mortgaged premises, and the plaintiff, while it was so piled, became its purchaser.
It was claimed by the plaintiff that the wood was cut under a license from the defendant. The issues presented for the consideration of the jury were, whether the wood was cut by the permission and license of the defendant, and if so, whether or not there was a conversion of it by him.
A series, of requested instructions were presented by…
2Cited by1 opinion
- Snow v. PerkinsSupreme Court of New Hampshire · 1881