Trumpower v. Marcey

Plaintiff brought an action of trespass for the conversion of five cords of wood.

It appeared that the plaintiff made a verbal contract with one Briggs for a lease of his farm for a year, yielding a portion of the crops as rental. By the terms of the contract, as claimed by the plaintiff, he obtained the right to cut a tree standing in a meadow, to be used as fuel for an engine in threshing the grain raised upon the farm. The lease expired April 1, 1891. Mr. Briggs died in July, 1890, and the farm was sold at administrator’s sale March 16, 1891. After the decease of Mr. Briggs, in July, 1890,…