¶1orally.—The transaction with Dodge was verbal, unexecuted, and without any consideration. So the thing stood when Chapin took. The ash passed to him as a part of the realty. Neither Bell and Healy, or Chamberlin, at that late day, had any right to sever it. The giving of the note by Dodge and the bill of sale to him, were subsequent to Chapin’s purchase. No rights accrued therefrom. By the deed from Chapin, the whole title passed to the plaintiff. The conversation, had, when plaintiff purchased, was quite too *169loose to show the plaintiff’s consent that Dodge, or any one tinder him, should take the ash. Defendant defaulted.
32 Me. 167
Brown v. Dodge
Supreme Judicial Court of Maine
Decided July 1, 1850
Supreme Judicial Court of Maine · decided 1850-07-01
Trespass for entering plaintiff’s land and cutting and removing ash trees. The case is submitted on agreed facts. Bell and Healy owned the land. Chamberlin was their agent. By a verbal contract, he sold to Dodge the growing ash timber. Bell and Healy afterwards conveyed the land' to Chapin, without any reservation in their deed.
Cited by 1 later decisions — most recently May 1950
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1850-07-01
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