Lamb v. Pierce
Massachusetts Supreme Judicial Court
Tort in the nature of trespass, for breaking and entering the plaintiff’s close, and cutting and carrying away a quantity of wood there growing.
Read the full summary
Tort in the nature of trespass, for breaking and entering the plaintiff’s close, and cutting and carrying away a quantity of wood there growing. Trial in the Superior Court, before Dewey, J. The plaintiff’s title was derived through a deed from Lyman Morse and others to Mary Clark, dated November 22, 1869, and duly recorded. , The defendant admitted the entry, and the cutting and carrying away of the wood, and justified as the purchaser of the wood under a conveyance to him from the same grantors and of the same date as the deed through which the plaintiff claimed. It appeared that the wood…
1Opinion of the CourtMorton, J.
The deed under which the defendant justifies conveyed an interest in the land, and would be valid against a subsequent purchaser, if duly recorded, or if such purchaser when he took his deed had actual notice thereof. This is decided in the recent case of White v. Foster, 102 Mass. 375, in which the tenant claimed under a deed which is, in legal effect, like the deed in this case. As stated in that case, “growing timber constitutes a part of the realty, is parcel of the inheritance, and like any other part of the estate may be separated from the rest by express reservation or grant, so as to…
2Cases cited1 opinion
- White v. FosterMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Hughes v. WilliamsMassachusetts Supreme Judicial Court · 1918
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
- Toupin v. PeabodyMassachusetts Supreme Judicial Court · 1895
8 more not listed; retrieve them via the Exa API.