Burrill National Bank v. Edminister
Supreme Judicial Court of Maine
This is an action of trespass quare clausum brought by the plaintiff, mortgagee of the locus, against the defendant to recover the value of certain shovel handle blocks removed from the locus by permission of the mortgagor of the land in possession, having been severed and piled up on the land by one Ca,rd, without the permission, consent or knowledge of the plaintiff, mortgagee. Plea, the general issue, with a brief statement.
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This is an action of trespass quare clausum brought by the plaintiff, mortgagee of the locus, against the defendant to recover the value of certain shovel handle blocks removed from the locus by permission of the mortgagor of the land in possession, having been severed and piled up on the land by one Ca,rd, without the permission, consent or knowledge of the plaintiff, mortgagee. Plea, the general issue, with a brief statement. The defendant took exceptions to certain parts of the charge of the presiding Justice to the juiy. Verdict for plaintiff for $14.21, and the case went to the Law Court…
1Opinion of the CourtDeasy, J.
Trespass quare clausum. The scene of the trespass is a lot of woodland in Dixmont. The parties interested are Burrill National Bank, mortgagee, plaintiff; Reuben Edminister defendant and E. L. Johnson, mortgagor in possession.
In 1916 the defendant who owned a wood-lot adjoining the locus permitted a man named Card to cut timber on his land. Card went over the line, cut trees on the locus and later seems to have abandoned the operation. The defendant took possession of the timber which had been cut. By consent of the mortgagor, but without the license or knowledge of the plaintiff, the…
2Cases cited8 opinions
- Thornley v. United StatesSupreme Court of the United States · 1885
- Bennett v. BeamMichigan Supreme Court · 1880
- Cohn v. NeevesWisconsin Supreme Court · 1876
- Dubois v. . BeaverNew York Court of Appeals · 1862
- United States v. MusgraveDistrict Court, E.D. Arkansas · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Reggep v. Lunder Shoe Products CompanySupreme Judicial Court of Maine · 1968
- In Re RichardsDistrict Court, D. Maine · 1967
- Public Service Co. v. AssessorsSupreme Judicial Court of Maine · 1962