Sheldon v. White
Supreme Judicial Court of Maine
On Report from Nisi Prius. Replevin for a quantity of pine boards, sawed from logs cut on a tract of land in Canada, and hauled into Round pond, on the north branch of Dead river in this State. One Larry obtained from the owners of the tract a permit to cut and haul the logs. One Atkinson testified that he saw Larry at the pond, where the logs were lying, and that Larry claimed them, and offered to sell them.
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On Report from Nisi Prius. Replevin for a quantity of pine boards, sawed from logs cut on a tract of land in Canada, and hauled into Round pond, on the north branch of Dead river in this State. One Larry obtained from the owners of the tract a permit to cut and haul the logs. One Atkinson testified that he saw Larry at the pond, where the logs were lying, and that Larry claimed them, and offered to sell them. Another witness testified, that in the spring of 1850, Larry employed and paid him for transporting to a house near the pond certain provisions, driving tools and log driving supplies,…
1Opinion of the CourtShepley, C. J.
— To maintain this action there must be proof, that the intestate had acquired a general or special property in the goods replevied. The boards appear to have been sawed from logs cut on a tract of land in Canada by the written permission of Andrew T. Galt to J. W. Larry.
The iutestate claimed to be the owner of those logs by a sale of them made by Larry to Parker Sheldon on October 10, 1850, and by Parker Sheldon to himself on June 6, 1851.
The defendants claim them by a mortgage bill of salo made in February, 1850, and recorded in the records of the town of Bingham, where the mortgagers…
2Cited by1 opinion
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