Mosher v. Vehue

Supreme Judicial Court of Maine

Mosher v. Vehue

77 Me. 169, 1885 Me. LEXIS 38

CourtSupreme Judicial Court of Maine

DecidedMarch 9, 1885

StatusPublished

Cited by2 cases

This text of 77 Me. 169 (Mosher v. Vehue) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mosher v. Vehue, 77 Me. 169, 1885 Me. LEXIS 38 (Me. 1885).

Pincite

Opinion

Walton, J.

We think the ruling in this case was correct. There can be no doubt that when timber trees are wrongfully cut [170]*170upon mortgaged premises by the mortgagor or a stranger, without the consent of the mortgagee, the latter is entitled to take and hold possession of them. And we think it is equally clear that if the mortgagee assigns his mortgage, the assignee has the same right in this particular which the mortgagee before had; and that, as against the mortgagee or his assignee, neither the wrong doer, nor a purchaser from him, can maintain replevin for timber so cut. Such in effect was the ruling in this case. We think the ruling was correct. Smith v. Goodwin, 2 Maine, 173 ; Gore v. Jenness, 19 Maine, 53; Page v. Robinson, 10 Cush. 99.

Exceptions overruled.. Judgment on the verdict..

Peters, C. J., Virgin, Libbey, Emery and Haskell, JJ., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

Walton, J.

We think the ruling in this case was correct. There can be no doubt that when timber trees are wrongfully cut [170]*170upon mortgaged premises by the mortgagor or a stranger, without the consent of the mortgagee, the latter is entitled to take and hold possession of them. And we think it is equally clear that if the mortgagee assigns his mortgage, the assignee has the same right in this particular which the mortgagee before had; and that, as against the mortgagee or his assignee, neither the wrong doer, nor a purchaser from him, can maintain replevin for timber so cut. Such in effect was the ruling in this case. We think the ruling was correct. Smith v. Goodwin, 2 Maine, 173 ; Gore v. Jenness, 19 Maine, 53; Page v. Robinson, 10 Cush. 99.

Exceptions overruled.. Judgment on the verdict..

Peters, C. J., Virgin, Libbey, Emery and Haskell, JJ., concurred.

Cite This Page — Counsel Stack

Bluebook (online)

77 Me. 169, 1885 Me. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mosher-v-vehue-me-1885.

Opinion

Related

Cite This Page — Counsel Stack