Anonymous (1796) 11 Mod 181
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1796 |
| Date | 01 January 1796 |
| Court | High Court |
English Reports Citation: 88 E.R. 975
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER
case 239. anonymous. Trespass is local, but trover transitory, &c. Powell, Justice. There is a great difference between trespass and trover, as to the action being local, &c. ; for trespass is local, but trover is transitory. Trover lies for trees, when they are cut down, because then they are chattels ; but before they are cut down they participate of the nature of the land, and trespass lies. But suppose, after a man has cut down a tree, if he carry it away, cannot he be indicted for felony ? Holt, Chief Justice. No (a), but trover lies for carrying it away, for it is a chattel so soon as it is severed from the freehold ; and for the severing thereof trespass lies. (a) Leveridge v. Hastens, post, 257. Savignac v. Roome, 6 Term Rep. 129. Courtney v. Collet, 1 Ld. Ray. 272. (a) Reynolds v. Clarke, Stra. 634. S. C. 8 Mod. 272. S. C. Fort. 212. Scott v. Shepherd, 3 Wils. 499. 2 Bl. Rep. 894. Shapcot v. Muyford, 1 Ld. Ray. 187. Haywood v. Banks, 2 Burr. 1114. Hawker v. BirbeeJt, 2 Burr. 1556. Gates v. Bailey, 2 Wils. 313. Morgan v. Hughes, 2...
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