| N.Y. Sup. Ct. | Feb 15, 1810
The evidence detailed in the return to the certiorari, does not prove, that when the suit for a trespass, brought by Bowne against Lee, was compromised, the attorney of Bowne, or the present plaintiffs, sold the shingles, &c. to Lee, or permitted him to take them. The thirty dollars paid by Lee to the attorney, was for the damages of the trespass he had committed, in cutting down the trees. A loose and equivocal observation made at another time to a stranger, was •not sufficient evidence to establish such a sale or consent. The settling of the suit for the trespass, and recovering a compensation, did not, per se, transfer to the trespasser a right to the timber cut down, and remaining on the land ; nor did the working one part into shingles, and the other part into short logs, change the title to the property.
The civil law required the th^ng to be changed into a “ •• different species, and to be incapable of being restored to its ancient form, as grapes made into wine, before the original proprietor could lose his title; nor even then, did the other party acquire any title by the accession, unless the materials had been taken away, in ignorance of their
Judgment reversed..