Fernald v. Chase
Supreme Judicial Court of Maine
Action of Tort against the sheriff, founded upon the alleged unlawful act of his deputy in attaching upon a writ against a third person certain saw-logs, cut upon the forest land owned by the plaintiffs as mortgagees. The writ contained a count in trover and three counts in trespass. The general issue was pleaded and joined.
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Action of Tort against the sheriff, founded upon the alleged unlawful act of his deputy in attaching upon a writ against a third person certain saw-logs, cut upon the forest land owned by the plaintiffs as mortgagees. The writ contained a count in trover and three counts in trespass. The general issue was pleaded and joined. At the trial and at the argument, the defendant’s counsel contended and submitted to the Court, that though under the statute the writ might be brought either in trover or trespass, it could not rightfully combine counts in both. At the time when the act of the deputy was…
1Opinion of the CourtSheplet, C. J.
— The action of trover is founded upon an allegation, that the property came into the possession of the defendant; and yet it is not always necessary to *291prove, that the defendant has had the actual possession of it. There can be no conversion without an actual possession or the exercise of such a claim of right, or of dominion over it, as assumes, that he is entitled to the possession or to deprive the other party of it. It is upon this principle, that a demand of property, and a refusal to deliver it, does not amount to proof of a conversion, unless the person, of whom it is demanded, has…
2Cases cited9 opinions
- Connah v. HaleNew York Supreme Court · 1840
- Murray v. BurlingNew York Supreme Court · 1813
- Bristol v. BurtNew York Supreme Court · 1810
- Reynolds v. ShulerNew York Supreme Court · 1826
- Wintringham v. LafoyNew York Supreme Court · 1827
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3Cited by8 opinions
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- Ross v. LewisNew Mexico Supreme Court · 1917
- Martin v. SikesWashington Supreme Court · 1951
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