Sawyer v. Wilson
Supreme Judicial Court of Maine
ON REPORT. Trespass against the sheriff of Penobscot county for the act of his deputy in taking a quantity of cedar rails, posts, stakes, and shingle timber, the property of the plaintiff, and selling them upon a writ in favor of Orimel Rogers et al. against Elisha Sawyer. The timber was cut under a permit given by Henry E. Prentiss to Elisha Sawyer and John Sutherland.
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ON REPORT. Trespass against the sheriff of Penobscot county for the act of his deputy in taking a quantity of cedar rails, posts, stakes, and shingle timber, the property of the plaintiff, and selling them upon a writ in favor of Orimel Rogers et al. against Elisha Sawyer. The timber was cut under a permit given by Henry E. Prentiss to Elisha Sawyer and John Sutherland. Elisha assigned all his interest under the permit, before cutting at all, to the plaintiff, who also bought out Sutherland before the cedar, afterwards attached as aforesaid, was cut. The defendant justifiéd the taking and…
1Opinion of the CourtDiciceRSON, J.
This is an action of trespass against the defendant, as sheriff, for default of one of his deputies in attaching and selling a quantity of cedar, the property of the plaintiff.
The plaintiff claims title to the cedar under a permit assigned to him by Elisha Sawyer, and given to said Elisha and one John Sutherland by Henry E. Prentiss, Oct. 7, 1871, and by purchase of Sutherland’s interest. The defendant justifies the taking by his deputy under a writ sued out by creditors of Sawyer.
The case finds that the cedar was cut by Elisha Sawyer after the assignment of the permit. It was held in Fiske…
2Cited by3 opinions
- Trowbridge v. BullardMichigan Supreme Court · 1890
- State ex rel. Caldwell v. Citizens Street Railway Co.Nebraska Supreme Court · 1907
- Terry v. MetevierMichigan Supreme Court · 1895