Hill v. Penny
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Peruam J. presiding. The action was brought by Hill, as administrator of the estate of Starrett, and the declaration alleged, that Penny on, &c. with force and arms broke and entered the close of said Starrett, who was then living, and being so entered cut down and carried away a large number of trees there standing and growing, and also took and carried away a large quantity of underwood lying on said land.
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Exceptions from the Court of Common Pleas, Peruam J. presiding. The action was brought by Hill, as administrator of the estate of Starrett, and the declaration alleged, that Penny on, &c. with force and arms broke and entered the close of said Starrett, who was then living, and being so entered cut down and carried away a large number of trees there standing and growing, and also took and carried away a large quantity of underwood lying on said land. Starrett, before his death, conveyed the land to Morrison, for whose benefit this suit is brought, and the alleged trespass was before this…
1Opinion of the Court
The opinion of the Court was drawn up by
Sheplev J.
An administrator cannot maintain an action for an injury dbne to’the real estate of his intestate during his lifetime, but may maintain trespass for an injury done to his personal property. The plaintiff in this case cannot maintain an action for *411breaking and entering tbo close, or lor cutting down the trees. After they were severed from the freehold the trees became personal property, and for taking and carrying them away the administrator may maintain an action. The instructions limited the plaintiff to a recovery for the value of the…
2Cited by1 opinion
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