Lawry v. Lawry
Supreme Judicial Court of Maine
On report. This was action of quare clausum frégit. The trespass complained of consisted in cutting standing trees on a lot of land which the plaintiff owned in remainder, the widow of his father having a life estate therein as her dower. The question was whether the action can be maintained by the plaintiff whose interest is only in remainder, a remainder-man.
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On report. This was action of quare clausum frégit. The trespass complained of consisted in cutting standing trees on a lot of land which the plaintiff owned in remainder, the widow of his father having a life estate therein as her dower. The question was whether the action can be maintained by the plaintiff whose interest is only in remainder, a remainder-man. The parties agreed that "if it cannot be, then the action is to be nonsuited, unless the full court determine that an amendment may be made by adding a count in base, and if an amendment may be thus made, the court to determine,…
1Opinion of the CourtFoster, J.
Trespass quare clausum for cutting standing-trees on a lot of land the plaintiff owned in remainder, the-widow of his father having a life estate therein as her dower.
The question is, whether this action can be maintained in its. present form by the plaintiff whose interest is only that of' remainder-man. We think it cannot.
Trespass quare clausum is a possessory action. To maintain! it, it is necessary to show possession in the plaintiff and the-injury committed. Jones v. Leeman, 69 Maine, 489, and cases, cited; Bartlett v. Perkins, 13 Maine, 87; 1 Ch. Pl. 175*.
Though quare clausum may be…
2Cases cited2 opinions
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- Davis v. NashSupreme Judicial Court of Maine · 1851
3Cited by3 opinions
- Bray v. SpencerSupreme Judicial Court of Maine · 1951
- Page v. BourgonSupreme Judicial Court of Maine · 1941
- First National Bank of Lewiston v. ConantSupreme Judicial Court of Maine · 1935