Supreme Judicial Court of Maine, 1885

Mosher v. Vehue

Supreme Judicial Court of Maine · Decided March 9, 1885 · Emery, Haskell, Libbey, Peters, Virgin, Walton

77 Me. 169; 1885 Me. LEXIS 38

Cases that cite this one

1 later published case cites this decision.

Houle v. Guilbeault (R.I. 1944)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Walton, J.

We think the ruling in this case was correct. There can be no doubt that when timber trees are wrongfully cut *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.