Mills v. Richardson

Decided July 1, 1857

Supreme Judicial Court of Maine · decided 1857-07-01

Trespass guare clausum against the defendant, who was part owner, in common with the plaintiff, of the lot on which the cutting of timber was alleged. Appleton, J., presiding at Nisi Prius, to whom the action was referred, with the right to except to his rulings of the law reserved, determined that the action in this form could be maintained. Exceptions to this ruling were taken by the defendant.

Cited by 1 later decisions — most recently September 1967

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1857-07-01

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Hathaway, J.

¶1By R. S., ch. 129, s. 7, a tenant in. common of undivided lands is subjected to the forfeiture and payment of treble damages for cutting timber, &c., on the common *80estate, without having given the preliminary notice required by the statute; or, for cutting timber, &c., on the same estate pending a petition for partition.

¶2The only question of law presented by this case, is, whether or not an action of trespass guare clausum, can be maintained to recover such damages, and that question has been decided in the affirmative by this court in Maxwell v. Maxwell, 31 Maine R., 184.

¶3Exceptions overruled.

¶4Judgment of the court at Nisi Prius affirmed.