Russell v. Richards
Supreme Judicial Court of Maine
This was an action of trover for a saw mill, mill-chain and dogs. On trial it appeared, that the land and privilege upon which the mill was built, at the time of the erection, in 1824 or 1825, belonged to William Vance. That Shubael B. Vance and Asa Church, had bargained by parol with the said William Vance, for the purchase of the privilege, and had caused the mill to be built thereon, through the agency of one Seth Emerson, by the permission of the said William Vance.
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This was an action of trover for a saw mill, mill-chain and dogs. On trial it appeared, that the land and privilege upon which the mill was built, at the time of the erection, in 1824 or 1825, belonged to William Vance. That Shubael B. Vance and Asa Church, had bargained by parol with the said William Vance, for the purchase of the privilege, and had caused the mill to be built thereon, through the agency of one Seth Emerson, by the permission of the said William Vance. It further appeared, that when Emerson contracted to build the mill, he took the guaranty of William Vance, for the eventual…
1Opinion of the Court
The opinion of the Court was delivered at the ensuing June term in Penobscot, by
Mellen C. J.
The saw mill in question was built on a tract of land, at the time belonging to William Vance, at the expense and as the property of his son, Shubael B. Vance and Asa Church, and by the permission of Vance, the father. The case finds an open and express disavowal by the father, of any interest in, or claim upon the mill. On these facts, according to the case of Wells v. Bannister & trustee, 4 Mass. 514 ; Osgood v Howard, 6 Greenl. 452, and Van Ness v. Packard, Peters’ R. the mill was never the property…
2Cases cited1 opinion
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
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- Priestley v. JohnsonSupreme Court of Missouri · 1878
- James Leo Co. v. Jersey City Bill Posting Co.Supreme Court of New Jersey · 1909
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