Goodrich v. Hathaway
Supreme Court of Vermont
This was an action of trespass' brought before" a. Justice of the Peace; demanding daffirigesten dollars. The'declaratión contained three counts'. The two fii*st: were for cutting and carrying away certain pine trees ; the third arid the last-count was for taking and carrying away five pine' saw-mill logs, the property of, and in the possession of, the plaintiffs.
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This was an action of trespass' brought before" a. Justice of the Peace; demanding daffirigesten dollars. The'declaratión contained three counts'. The two fii*st: were for cutting and carrying away certain pine trees ; the third arid the last-count was for taking and carrying away five pine' saw-mill logs, the property of, and in the possession of, the plaintiffs. The cause was tried before the justice by a jury, who fóund a verdict for the-plaintiffs on the third count for the sum of ‡ dimages and their costs ■ arid the ¿aid justice entered judgment on the verdict for the plantiffs for ‡…
1Judgment of the CourtHutchinson, J.
It appears by the case, that one Samuel Hawkins, owning a piece of land, sold to the plaintiffs about 20,000 feet, board measure, of the standing pine timber, including one large pine tree ; and then sold the land to William Hawkins, reserving the timber sold to ■the plaintiffs, as aforesaid. The plaintiffs then purchased of said William Hawkins the residue of the pine timber on said lot; and the defendant cut and carried away the large pine tree. Prior to this, the plaintiffs had entered, and cut and carried away a part of the timber they had thus bought of said Samuel and William.
The court…
2Cited by2 opinions
- H. D. Williams Cooperage Co. v. Quercus Lumber Co.Missouri Court of Appeals · 1915
- Mason v. LewisSupreme Court of Iowa · 1848