Smith v. Moore
Superior Court of New Hampshire
Trespass, for taking a quantity of manufactured lumber and pine logs. Plea, the general issue, with a brief statement in justification. On the trial, it appeared in evidence that one Daniel Trafton, of Stanstead, Lower Canada, July 18, 1836, purchased a tract of white pine timber land, in Littleton, in this county, of Adams Moore, one of the defendants ; which land was wild and uncultivated, except a small piece of three or four acres. The whole tract was five hundred acres.
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Trespass, for taking a quantity of manufactured lumber and pine logs. Plea, the general issue, with a brief statement in justification. On the trial, it appeared in evidence that one Daniel Trafton, of Stanstead, Lower Canada, July 18, 1836, purchased a tract of white pine timber land, in Littleton, in this county, of Adams Moore, one of the defendants ; which land was wild and uncultivated, except a small piece of three or four acres. The whole tract was five hundred acres. At the time Trafton bought the land of Moore, he paid several hundred dollars, and mortgaged the same land to secure…
1Opinion of the CourtParker, C. J.
It appears that the land, from which the lumber was taken, was purchased by Trafton, from Moore, one of the defendants, and mortgaged to secure a part of the purchase money.
The first question which arises, is, upon the right of the mortgager to cut timber upon the land mortgaged.
Unless the different purposes to be answered are adverted to, there would appear to be much confusion in the books relative to the rights of the mortgager and mortgagee ; and with those purposes in view, an attempt to reconcile all the decisions would be made in vain. ■
Courts of law were formerly disposed to construe…
2Cases cited16 opinions
- Newall v. WrightMassachusetts Supreme Judicial Court · 1807
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Robinson v. LeavittSuperior Court of New Hampshire · 1834
- Bell v. MorseSuperior Court of New Hampshire · 1833
- Colman v. PackardMassachusetts Supreme Judicial Court · 1819
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- LeDoux v. JP Morgan Chase N.A., et al.District Court, D. New Hampshire · 2012
- Great Falls Co. v. WorsterSuperior Court of New Hampshire · 1844
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