 | 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."... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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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