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" Two tenants in common of a tree, and one cuts the whole tree ; though the other cannot have an action for the tree, yet he may have an action for the special damage by this cutting ; as where one tenant in common destroj-s the whole flight of pigeons. "
A General Abridgment of Law and Equity: Alphabetically Digested Under Proper ... - Page 253
by Charles Viner - 1792
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Term Reports in the Court of King's Bench, Volume 8

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 708 pages
...Chief Justice, that " if there be VOL. VIII. L, 1799. two tenants in common of a tree, and one cut the whole tree, though the other cannot have an action for the tree, \et he may have an action for the special damage by this cutting ; as.where one tenant in common destroys...
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A Treatise on the Law of Easements

Charles James Gale, Thomas Denman Whatley - Servitudes - 1840 - 382 pages
...the root, and the properly of the whole is in A. 2nd, Two tenants in common of a tree, and one cuts the whole tree — though the other cannot have an...action for the tree, yet he may have an action for the special damage by this cutting ; as where one tenant in cominoo destroys the whole flight of pigeons."...
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Practical Rules for Determining Parties to Actions: Digested and Arranged ...

Herbert Broom - Parties to actions - 1847 - 232 pages
...property ;(w) and if there be two tenants in common of a tree, which is cut down by one of them, although the other cannot have an action for the tree, yet he may sue for the special damage occasioned by the tortious act :(o) and this action may be maintained by...
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A Treatise on the Law of Easements

Charles James Gale - Electronic books - 1849 - 552 pages
...tree — though (a) This reference is incorrect. (c) 1 Lord Raymond, 737. (f) P. 255. Ownership of the other cannot have an action for the tree, yet he may boundary trees. , • <* i • 11' have an action tor the special damage by this cutting ; as where...
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A Collection of the British Statutes in Force in Maryland, According to the ...

Maryland - Law - 1870 - 908 pages
...property of the whole is in A.: and 2d, that if there be two tenants in common of a tree, and one cut the whole tree, though the other cannot have an action for the tree, yet ho may have an action for the special damages in this cutting, as where one tenant in common destroys...
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The Practice in Courts of Justice in England and the United States, Volume 3

Conway Robinson - Actions and defenses - 1858 - 804 pages
...other special damage. Holt, CJ ruled that where there are two tenants in common of a tree, and one cuts the whole tree, though the other cannot have an action for the tree, yet he shall have an action for the special damage by this cutting. Waterman v. Soper, 1 Ld. Rayra. 737. The...
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Select Cases and Other Authorities on the Law of Property, Volume 1

John Chipman Gray - Personal property - 1888 - 936 pages
...follow the root, and the property of the whole is in A. 2. Two tenants in common of a tree, and one cuts the whole tree ; though the other cannot have an action for the tree, yet he maj- have an action for the special damage by this cutting ; as where one tenant in common destroys...
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Illustrative Cases in Realty, Part 1

William Sullivan Pattee - Real property - 1894 - 192 pages
...common of this tree, and that where there are tenants in common of a tree, and one cuts the whole, though the other cannot have an action for the tree, yet he may have an action for the special damage by this cutting. What action he shall have is not stated, nor is it quite clear that...
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A Treatise on the Law of Easements

Charles James Gale - Servitudes - 1899 - 656 pages
...Two tenants in common of a tree, and one cuts the whole tree—though the other cannot Ownership of have an action for the tree, yet he may have an action for the boundary special damage by this cutting ; as where one tenant in common — \' J trees. destroys the...
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Select Cases and Other Authorities on the Law of Property, Volume 1

John Chipman Gray - Personal property - 1905 - 734 pages
...follow the root, and the property of the whole is in A. 2. Two tenants in common of a tree, and one cuts the whole tree ; though the other cannot have an action for the tree, yet he may have an action for the special damage by this cutting ; as where one tenant in common destroj-s the whole flight of pigeons....
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