Chapman v. Hamblet
Supreme Judicial Court of Maine
On report. Trespass quare clausum fregit wherein the plaintiff sought to recover damages of the defendant for cutting and removing certain wood and timber from a portion- of the plaintiff’s premises in Scarborough. The defendant admitted the taking but justified under claim that the premises upon which the alleged trespass was committed were a part of a tract of land on which the trees and wood growth had been conveyed to him by the plaintiff.
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On report. Trespass quare clausum fregit wherein the plaintiff sought to recover damages of the defendant for cutting and removing certain wood and timber from a portion- of the plaintiff’s premises in Scarborough. The defendant admitted the taking but justified under claim that the premises upon which the alleged trespass was committed were a part of a tract of land on which the trees and wood growth had been conveyed to him by the plaintiff. The action was brought in the Superior Court, Cumberland County. Plea, the general issue. Tried at the February term, 1905, of said court. After the…
1Opinion of the CourtPeabody, J.
This was an action of trespass quare clausum. The case comes before the law court on report. The act complained of was the cutting of certain wood and timber from a portion of the plaintiff’s farm.
The defendant claims that under the deed of the plaintiff dated November 11, A. D. 1903, he had license to cut all the wood and timber upon the farm except a small lot of birches on another part of the premises not effected by the acts complained of.
The dispute is upon the construction of this deed and especially of the following words in the description of the boundary of the disputed territory:…
2Cases cited5 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
- Percival v. ChaseMassachusetts Supreme Judicial Court · 1903
- Hastings v. HastingsMassachusetts Supreme Judicial Court · 1872
- Woodward v. NimsMassachusetts Supreme Judicial Court · 1881
3Cited by7 opinions
- Kirby Lumber Co. v. Gibbs Bros. & Co.Texas Commission of Appeals · 1929
- C COMPANY v. City of WestbrookSupreme Judicial Court of Maine · 1970
- Kinney v. Central Maine Power Co.Supreme Judicial Court of Maine · 1979
- Co-Operative Building Bank v. HawkinsSupreme Court of Rhode Island · 1909
- Brewster v. ChurchillSupreme Judicial Court of Maine · 1952
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