7 Me. 447 | Me. | 1831
The opinion of the Court was road at the ensuing September term, as drawn up by
The title of the plaintiff to the timber, for the proceeds of which this action is brought, is contested by the defen
Standing timber is annexed to the freehold, passes with it, and often constitutes a great part of its value. A parol sale of the tim-her, to remain on the land during the pleasure of the buyer, or for 'an indefinite period, might affect injuriously subsequent purchasers of the land; but if to be cui and carried away within a reasonable
But this sale was made, subject to ib.c paramount rights of the Tuckcrmms, in whoso place the defendant claims to stand, by substitution. Had the proceeds of this timber been applied to the payment of their demand, either before the assignment or after-wards, it would have extinguished the demand pro tanto ; bat the dofoudaiu, having claimed and received the whole without deduction, cannot be permitted to say that it was so applied. It would bo falso as wdl as unjust. The defendant was employed by the plaintiff lu haul the Umber for Mm, and ho sold it and convotUsd the proceeds to his own use. Upon these facts, ho is satsworabic tw die plaintiff for the sunt received, unless ho applied it in part pay-xicar of tho mortgage ; but this ho has not dcuc i and it he eves-
Judgment on the verdict„