Legal Opinion

Freeman v. Thayer

Supreme Judicial Court of Maine

Decided July 1, 1851PublishedCited by 2 opinions

On Exceptions from the Nov. Term, 1850, Shepley, C. J., presiding. Trespass for a quantity of saw-logs, which had been cut in the forest by one Chesley in 1847 and 1848. The act of the defendant, relied upon to support this action, is that he, being a deputy sheriff, attached the logs as the property of Chesley. The ownership of the logs was in question, and it became necessary to inquire to whom belonged the lot of land, from which they were cut.

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On Exceptions from the Nov. Term, 1850, Shepley, C. J., presiding. Trespass for a quantity of saw-logs, which had been cut in the forest by one Chesley in 1847 and 1848. The act of the defendant, relied upon to support this action, is that he, being a deputy sheriff, attached the logs as the property of Chesley. The ownership of the logs was in question, and it became necessary to inquire to whom belonged the lot of land, from which they were cut. In 1816, the lot was sold at public auction and conveyed to Daniel Jackson, by Tilson Waterman, a,s collector of the town, for the non-payment of…

1Opinion of the CourtHoward, J.

— At the trial it became important to ascertain whether the logs in controversy were the property of the plaintiffs, or of Chesley. For that purpose, the title to the land on which the logs were cut became material. The plaintiffs claimed under Grosvenor, who levied upon the land, as the property of Chesley, in 1836, and conveyed to them in 1842. The defendant contended that Chesley had no title to the premises until they were conveyed to him by ■Jackson, in 1840. Jackson claimed under a deed from Tillson Waterman, as collector of taxes in Poland, in 1813, given in pursuance of a sale for…

2Cases cited4 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. People ex rel. Fleming v. LivingstonNew York Supreme Court · 1831
  3. Read v. GoodyearSupreme Court of Pennsylvania · 1828
  4. President of Hallowell & Augusta Bank v. HamlinMassachusetts Supreme Judicial Court · 1817

3Cited by2 opinions

  1. Hammond v. GordonSupreme Court of Missouri · 1887
  2. Pittsfield v. BarnsteadSupreme Court of New Hampshire · 1860

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