The Nova Scotia Reports Volume 40

The Nova Scotia Reports Volume 40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...lumber has a lien upon the lumber, or any' part of it, for the cost of sawing the whole of the lot of logs, but it is indispensable that the lien should be accompanied by possession of the party claiming it; and, in my opinion, McKenzie could only retain possession of the lumber by placing it on his own land, or upon the land of another, under agreement that the other should hold possession for him. The following are the facts which, I think, govern this part of the case. Mattinson was the lessee of land at West River, where he had part of his logs. McKenzie brought his mill and set it up on the land occupied by Mattinson, with his permission. As the lumber was sawn, it was removed by McKenzie-'s men from the mill and piled near it on Mattinson's land. After all the logs at VVest River were finished, McKenzie moved the mill. with all his property and gear, as well as all his men, to Plainfield, where the other logs were. Mattinson had obtained from one Macara the right to place the mill on his property there, alongside the road, and also to pile his lumber on his (Macara's) lot, on the opposite side of the road. As the lumber was sawn, it was piled by McKenzie's men on Macara's land, some near the mill and some on the other side of the road. Before the logs were all finished McKenzie asserted his lien over all the lu1nber at Plainfield, and a lot which remained near where the mill had been at Vest River, and prevented Mattinson from removing any more of it. Mattinson, who was to supply the logs at the skids within a short distance of the mill, stopped supplying them, and after 1IcKenzie's men had sawn all the logs on the skids, and waited a few hours without hearing from Mattinson, 1IcKenzie, more

Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • United States
  • English
  • black & white illustrations
  • 1236825527
  • 9781236825520