Peirce v. Finerty
Supreme Court of New Hampshire
Bill in Equity, praying that the defendants be restrained from cutting certain “wood, timber, and growth” on the Osgood farm in Milford and from interfering with an entry upon the land and a cutting of said “wood timber, and growth” by the plaintiff.
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Bill in Equity, praying that the defendants be restrained from cutting certain “wood, timber, and growth” on the Osgood farm in Milford and from interfering with an entry upon the land and a cutting of said “wood timber, and growth” by the plaintiff. Trial at the May term, 1909, of the superior court before Chamberlin, J., who decreed that the plaintiff, upon payment of a certain sum and furnishing a bond conditioned upon the payment of all damages which may be done to the land and the growth thereon belonging to the defendant Paradis, may enter upon the lot and remove all the growth under a…
1Opinion
The case comes back to this court for instructions as to the law governing the rights of the parties, the presiding justice finding it impracticable to determine what is the reasonable course to be pursued until those rights are more fully defined. The plaintiff seeks to replevy the trees, or to have the entire growth removed by a receiver. The defendant does not wish to have his trees cut at present and offers money compensation for the plaintiff's rights.
Replevin will not lie. By the common law of this state, the remedy was available only in cases where there was wrongful taking. Mere…
2Cases cited10 opinions
- Hett v. Boston & Maine RailroadSupreme Court of New Hampshire · 1897
- Carter v. PiperSupreme Court of New Hampshire · 1876
- Hoit v. Stratton MillsSupreme Court of New Hampshire · 1873
- Stahl v. Boston & Maine RailroadSupreme Court of New Hampshire · 1901
- Mitchell v. RobertsSupreme Court of New Hampshire · 1871
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