Hesseltine v. Stockwell
Supreme Judicial Court of Maine
Trover, for a quantity of pine mill logs. At the trial, before Wells, J. the plaintiff introduced testimony tending to prove, that in the winter of 1844 — 5, one Leander Preble, cut on his own land about 600 M. feet of pine lumber, and also cut on the land of the plaintiff, wrongfully and wilfully, about 100 M. feet of lumber of a similar quality, all of which lumber was marked with the same mark, and indiscriminately hauled and landed on "the same landing place.
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Trover, for a quantity of pine mill logs. At the trial, before Wells, J. the plaintiff introduced testimony tending to prove, that in the winter of 1844 — 5, one Leander Preble, cut on his own land about 600 M. feet of pine lumber, and also cut on the land of the plaintiff, wrongfully and wilfully, about 100 M. feet of lumber of a similar quality, all of which lumber was marked with the same mark, and indiscriminately hauled and landed on "the same landing place. That in the spring1 of 1845, said lumber was run down the stream and came into the possession of Franklin Adams & Co., and a part…
1Opinion of the CourtShepley, C. J.
— This was an action of trover brought to recover the value of certain pine logs.
The logs appear to have composed a part of a larger lot estimated to contain more than six hundred thousand feet, which were cut and hauled by Leander Preble. The case states, that there was testimony tending to prove, that Preble cut on his own land about six hundred thousand feet of pine lumber, and also cut on the land of the plaintiff about one hundred thousand feet of pine lumber of a similar quality, all of which logs were marked with the same mark and hauled and landed on the same landing place.
With other…
2Cases cited2 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Brackenridge v. HollandIndiana Supreme Court · 1830
3Cited by7 opinions
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Stephenson v. LittleMichigan Supreme Court · 1862
- Page v. JonesNew Mexico Supreme Court · 1920
- Spofford v. TrueSupreme Judicial Court of Maine · 1851
- Hawkins v. Spokane Hydraulic Mining Co.Idaho Supreme Court · 1893
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