Legal Opinion

Maddox v. Goddard

Supreme Judicial Court of Maine

Decided April 15, 1839PublishedCited by 10 opinions

The writ contained one count, trespass quare clausum, for breaking and entering the plaintiff’s close in Cornish, called the Durgin mill privilege, and tearing down, and destroying the plaintiff’s sawmill, and carrying away the materials thereof and converting the same to their own use ; and another count, trespass de honis aspor-tatis, for tearing down the plaintiff’s sawmill, and destroying and carrying away the materials of the same.

Read the full summary

The writ contained one count, trespass quare clausum, for breaking and entering the plaintiff’s close in Cornish, called the Durgin mill privilege, and tearing down, and destroying the plaintiff’s sawmill, and carrying away the materials thereof and converting the same to their own use ; and another count, trespass de honis aspor-tatis, for tearing down the plaintiff’s sawmill, and destroying and carrying away the materials of the same. On the trial it was proved, that the defendants entered upon the premises and cut and tore down and prostrated the mill, and carried away the materials…

1Opinion of the Court

The case was continued for advisement, and the opinion of the Court afterwards prepared by

Shepley J.

The argument for each party admits the general and well established rule, that trespass cannot be maintained by a tenant in common, against his co-tenant; and that it can in certain cases be maintained, when the common property has been d,er stroyed.

It is contended for the plaintiff, that the right to maintain this action for the destruction of the common property applies as well to houses, mills and other matters, which are portions of the realty, as to personal property, While it is contended…

2Cases cited2 opinions

  1. Whitney v. OlneyU.S. Circuit Court for the District of Rhode Island · 1823
  2. Erwin v. OlmstedNew York Supreme Court · 1827

3Cited by10 opinions

  1. Buckhorn Plaster Co. v. Consolidated Plaster Co.Supreme Court of Colorado · 1910
  2. Foisy v. BishopSupreme Judicial Court of Maine · 1967
  3. Shepard v. PettitSupreme Court of Minnesota · 1883
  4. Muckle v. HillIdaho Supreme Court · 1920
  5. Scott v. MichaelIndiana Supreme Court · 1891

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API