Chandler v. Edson
New York Supreme Court
IN ERROR., on certiorari, from a justice’s court. Edsoñ' brought an action of trover against Chandler, before the justice, f°r taking and converting 7,000 pine shingles, the property of the The defendant pleaded not guilty; and specially, that the plaintiff had made the shingles of timber while green, on land belonging to the Stockbridge Indians, and that he had so taken the timber and made the shingles on the land, as a trespasser.
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IN ERROR., on certiorari, from a justice’s court. Edsoñ' brought an action of trover against Chandler, before the justice, f°r taking and converting 7,000 pine shingles, the property of the The defendant pleaded not guilty; and specially, that the plaintiff had made the shingles of timber while green, on land belonging to the Stockbridge Indians, and that he had so taken the timber and made the shingles on the land, as a trespasser. The plaintiff replied to the second plea, that he had cut the timber by consent of the “ Peacemakers,” 8rc. of the tribe or nation. On the trial, the plaintiff…
1Per curiam
The facts stated in the case leave no room to doubt, that the shingles for which Edson brought the action, were made by him, from timber which he had cut upon the lands belonging to the Siockbridge Indians. If he acquired no right to cut the timber, and make the shingles, by virtue of the license granted by the peacemakers to Joseph Pye, the property in the shingles still remained in the Indians. Edson acquired no property in the shingles, as the fruit of his trespass, for if the license was void, his entry must be deemed wilful. (5 Johns. Rep. 348. 6 Johns. Rep. 168.) The decision of this…
2Cited by6 opinions
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- Smith v. MittenNew York Supreme Court · 1856
- Jewett v. DringerSupreme Court of New Jersey · 1878
- Railroad v. HutchinsOhio Supreme Court · 1881
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