Barron v. Cobleigh
Superior Court of New Hampshire
Tbespass, for taking and carrying away forty-eight white pine and twenty Norway pine logs. The defendants severally pleaded the general issue, and jointly filed a brief statement, setting forth that Cobleigh, on the 24th of Dec., A. D. 1838, sued out a writ against the plaintiff, and caused thirty-six logs to be attached by the other defendant, Morrison—that Morrison, after thus attaching the logs, delivered them to Cobleigh for safe keeping, and took his receipt therefor ;…
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Tbespass, for taking and carrying away forty-eight white pine and twenty Norway pine logs. The defendants severally pleaded the general issue, and jointly filed a brief statement, setting forth that Cobleigh, on the 24th of Dec., A. D. 1838, sued out a writ against the plaintiff, and caused thirty-six logs to be attached by the other defendant, Morrison—that Morrison, after thus attaching the logs, delivered them to Cobleigh for safe keeping, and took his receipt therefor ; and that Cobleigh, finding that the logs were all cut upon his own lot, No. 2, in the 15th range of lots west of the…
1Opinion of the Court
Gilchrist, J.*
One of the questions made at the trial, as appears from the statement of the ease, was as to the dividing line between lot No. 2 and lot No. 3. It was necessary to settle this, in order to determine on which of the lots the timber was cut by the plaintiff. If on the latter, the defendant had no right to take it away. If on the former, as it came from his own land, he might assert his right to it. The jury were instructed that the plaintiff was entitled to recover the value of so much of the timber as was not cut upon the land of the defendant, and they returned a verdict for the…
2Cases cited5 opinions
- Learned v. BryantMassachusetts Supreme Judicial Court · 1816
- Fuller v. HoldenMassachusetts Supreme Judicial Court · 1808
- Hoyt v. Gelston & SchenckNew York Supreme Court · 1816
- Runlett v. BellSuperior Court of New Hampshire · 1831
- Lathrop v. CookSupreme Judicial Court of Maine · 1837
3Cited by3 opinions
- Sheldon v. SevignySupreme Court of New Hampshire · 1970
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
- Morse v. HurdSuperior Court of New Hampshire · 1845