Reports of Cases Volume 4

Reports of Cases Volume 4

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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. 1894 edition. Excerpt: ...declaration. The defendants Were not justified in carrying away the trees andtimber, and converting them to their own use; they only had a right to remove them to a convenient distance for the use of the plaintiff. Houghton v. Butler,1 Forsdick v. Collins.2 There is a form of plea in a. similar case, given in 3 Chit. Pl. 1097, but it differs very materially from the plea in this 'case. It may be urged that as the soil belonged to the defendant Wilson, so necessarily do the trees; then the plea amounts only to the general issue, and is therefore open to demurrer. 1 Chit. Pl. (5th ed.) 538. J. A. Street, Q.C., and G. D. Street, contra, The gist of the action is the trespass on the plaintifl: "s land and cutting down the trees, and if the plea answers that it is sufficient. Parker, J.---'The plea would have been well enough if it had stopped short of the words " carried away." The carrying away is mere sl"Plusage, and need not have been stated; therefore it does not vitiate the plea. If the plaintiff admits that the soil is the defendant Wi1s0n's, he admits of course that the trees growing thereon are his also, and therefore he had a right to carry them a"'ay-The plea does amount to the general issukit is a plea of liberum tenementum. Chandler in reply. It is quite consistent with Wison's right to the soil that the property of the trees was in the plaintiff: the plea does not deny that they were the plaintiffs property; therefore it contains no answer to the charge of taking them away-The averment that the defendants carried away the trees is not su l. rp usage Cur. adv. vult. 1 4 Term. R. 364. = 1 Stark. R. 173. von. xv. s.s.n.-24 The judgment of the Court was now delivered by GHIPMAN, C.J....show more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236874161
  • 9781236874160