Bryant v. Ware
Supreme Judicial Court of Maine
Trespass de bonis asportatis, for a quantity of cedar railroad sleepers, juniper knees, shingles, and juniper timber. At the trial, before Wells, J. it appeared, that the lumber was cut in the winter of 1840-1, by one Samuel Potter, a part on the land of defendant, and a part on land of Timothy Boutelle, the two tracts being contiguous in the town of Alton.
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Trespass de bonis asportatis, for a quantity of cedar railroad sleepers, juniper knees, shingles, and juniper timber. At the trial, before Wells, J. it appeared, that the lumber was cut in the winter of 1840-1, by one Samuel Potter, a part on the land of defendant, and a part on land of Timothy Boutelle, the two tracts being contiguous in the town of Alton. The timber was hauled by Potter into a brook, for the purpose of being floated to market, and in the following spring, it was run down to the Penobscot river above the town of Orono, where it was rafled into eleven rafts, six of which were…
1Opinion of the CourtHoward, J.
— This was an action of trespass de bonis asportatis, for a quantity of cedar railroad sleepers, juniper knees, shingles and juniper timber. There was evidence, as stated in the exceptions, tending to show that the lumber was cut in the winter of 1840-41, by Samuel Potter, a trespasser, on two contiguous tracts of land, and hauled into a brook, to be floated down to a market. That one of the tracts of land, was owned by the defendant, and that the other, called the college land, was owned by Timothy Boutelle. That in the spring following, the timber was run down to the Penobscot river and…
2Cases cited4 opinions
- Curtis v. GroatNew York Supreme Court · 1810
- Betts v. LeeNew York Supreme Court · 1810
- Treat v. BarberSupreme Court of Connecticut · 1828
- Babcock v. GillNew York Supreme Court · 1813
3Cited by5 opinions
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Stephenson v. LittleMichigan Supreme Court · 1862
- Davis v. KrumMissouri Court of Appeals · 1882
- Jewett v. DringerSupreme Court of New Jersey · 1878
- United States v. Two Hundred & Seventy-Eight Barrels of Distilled SpiritsU.S. Circuit Court for the District of Massachusetts · 1869