25 Me. 411 | Me. | 1845
This is an action of trespass brought to recover the value of certain mill logs cut during the former part of the year 1841, on lots numbered six and seven, in the town of Argyle, under a permit from Luther Levvis. The plaintiff had purchased them of the persons, who had cut them, and was in possession of them, when they were taken by the defendant. That was sufficient evidence of title to enable him to maintain the action, unless the defendant exhibited a superior title. His title was derived from Joseph Kinsman. He purchased of the Commonwealth of Massachusetts its title to a tract of land, including those lots, on February 26, 1833, and conveyed a part of it, including them, on March 20,1833, to Hollis. Bowman, who on the same day reconveyed the premises to Kinsman in mortgage, who assigned the mortgage to the defendant on December 22, 1838.
To defeat this apparently good title, the plaintiff exhibited proof of a conveyance from the Commonwealth to John Ben-noch, on December 1, 1815, of a tract of land including those lots, and of conveyances of them from Bennoch through several persons to Isaac Williams and Joseph Cotton, by whom they were conveyed to Luther Lewis on Febuary 6, 1838. If these conveyances were all operative, he became the legal owner of the lots. It appears, however, that Kinsman had disseized Williams and Cotton, before they conveyed to Lewis. And the owners would not after that time be able to maintain an action founded upon possession, until they had regained it. But Kinsman by such disseizin, merely, would not acquire a legal interest in the rents and profits, or in timber trees severed from the freehold. For the owners, after they had regained the possession, might recover the value of them in an action for the mesne profits. The disseizor would be considered, by cutting the trees and appropriating them to his own use, as obtaining their property and not his own.
Did the proceedings in the action of entry, prosecuted by Lewis in the names of his grantors to recover the lots, change the aspect of the case, and transfer the mill logs from the
In this case there is no proof, that the tenant was, or could have been made responsible for the acts of those persons, who cut the logs under Lewis ; or that he could have obtained any
Nonsuit taken off, and action to stand for trial.