Betts v. Lee

A. the owner' of land, broughtan action of pespass against B. for enuring and t"ec™Sisc. ‘tTi” promiseiiT “mi L paid the dapromised, and mag' s to a" the"18 value of the^ trees, sawcd and" split Senrarls^todi giesf ands1‘b" brought an aetion ot trespass against him, for iyingSaway the licUi8 6 that 'the the” trespass by ti'c damages' to A. did not ti ans-fer tlio property in the tiers rut down, to B. iiordidB.by con-bur hito shingles of'propeny1”1'1 Whatei-er aifevalion m iorm, property may have undergone, the original owner may take it, in its new shape, if he can identify the original materials.

ON certiorari, from a justice’s court. Lee sued the plaintiffs in error, in the court below, for a tresnass, in _ taking and carrying away a quantity of shingles, and stuff for making shingles. Lee had cut down the timber °f which the shingles were made, on land belonging to R0lert £. Boxvne. Robert L. Boxvne. An action of trespass was brought ^7 Boxvne against Lee, for cutting down the trees ; and the attorney of Boxvne discontinued the suit, on the defendant’s paying thirty dollars.^ It was proved that the attorney, who settled the suit in behalf of Boxvne, had said) that in compromising several suits, for this and other trespasses of the same kind, he had charged as r 1 ° much to those who had not carried off the timber cut down, as to those who had carried away what they had cut; and that those who had not taken off the timber cut down, would have as much right to carry it away, as those who had done so, before the settlement of the suits.^ The land on which the timber was cut down, and. the shingles made, was conveyed by Boxvne to the plain-. . 6 ’ , . e * . . , , tiffs m error; and at the time ol executing the deed, a power of attorney from Boxvne to the plaintiffs in error, was a^so executed, authorizing them to sue all persons, in the name of Boxvne, for trespasses, before that time 3 r committed, in cutting timber on the land. It was proved that the deed and power of attorney were executed prior to the suit brought by Botone, and settled in the manner above stated. The plaintiffs in error, as owners of the land, claimed the timber cut down, and prepared for making shingles, as well as the shingles not taken away by Lee, prior to the said suit, and prohibited him from taking them ; and converted them to their own us*-. The jury foxmd a verdict for Lee, the plaintiff belew, for twenty-five dollars, on which the justice gave judgment. The question was, whose property were the shingles, and timber cut down, after the settlement of the suit, brought by Bowne against Lee for cutting down the trees.