Barker v. Bates

30 Mass. 255, 13 Pick. 255 (1832)

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Nature of the Case

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Facts

The matter was before the court after a trial in a trial court. P claimed that Ds broke and entered his close, and that being so entered, they took and carried away a stick of timber. P was the owner of a farm bounded easterly by the sea, which farm included two pieces of land conveyed to the United States and that, at the time of the commission of the supposed trespass, he remained the owner of all of the farm, excepting the parts so conveyed. The stick of timber was discovered by Ds on the rocks, at low-water mark and it was then marked by one of the Ds with his name, and that Ds attempted to carry away the stick from this place, but were prevented by the roughness of the sea. The stick of timber was discovered by Ds on the rocks, at low-water mark and it was then marked by one of the Ds with his name, and that Ds attempted to carry away the stick from this place, but were prevented by the roughness of the sea. The stick was thrown upon the beach below and adjoining the P's land, and Ds took and carried it away from the place last mentioned and converted it to their use. The court found for P and awarded $15 in damages. Ds appealed.