Gillerson v. Mansur
Supreme Judicial Court of Maine
On Report from Nisi Prius, May, J., presiding. Replevin, of two thousand spruce, and four hundred pine logs. Plea, general issue and brief statement that neither property in, nor right of possession of, the logs, was in plaintiff.
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On Report from Nisi Prius, May, J., presiding. Replevin, of two thousand spruce, and four hundred pine logs. Plea, general issue and brief statement that neither property in, nor right of possession of, the logs, was in plaintiff. The plaintiff introduced a permit to cut timber, from one Gilman to him, dated 3d of November, 1856. Defendants introduced a permit from Gilman, dated 14th of October, 1856. That the ruling of the presiding Judge might be had, the defendants admitted they cut the timber upon, and removed it from, the territory embraced in the plaintiff’s permit, and while he held…
1Opinion of the CourtTenney, C. J.
This was replevin for logs cut by the defendants, upon land of Samuel A. Gilman. It was admitted by the defendants that the logs grew upon land embraced in the description of territory in the permit given by said Gilman to the plaintiff, and from which he was entitled to take the pine and spruce timber, suitable to be sawed into boards, within a certain specified time, and not after, and upon certain conditions. The timber was not cut by the plaintiff. By the permit, Gilman was to have the full and complete ownership and control of all lumber to be cut upon the land. It does not appear that…
2Cited by1 opinion
- Hartford Iron Mining Co. v. Cambria Mining Co.Michigan Supreme Court · 1892