(seq. 10)

Kennebec SS. Sup. Jud. Court June Seven 1807.

Propr. of the Kennebec Purchase appts and original Plts
agt.
Abner Boulton, James Boulton James Savage, Savage Boulton
and James Cuting, John Ward junr Saml. Ward William Ward &
Jeremiah Robinson and John Hammond apped. & orige. defts.

This was an action of trespass quare clausum fregit, in which the Plts
charged the defts with breaking their close & cutting down their
trees.

The three Boultons, with Savage and Cating were defaulted: the
other five defts pleaded severally the general issue, which was
joined by the Plts.

A Jury was impannelled as well to access the damages against the
five defendants who were defaulted, as to try the several issues.
Upon the trial there was evidence that all the defendants were at the
same time on the Plts close cutting down their trees and making
them into shingles, which they carried away. But it appeared
that the five defts who were defaulted formed a company by themselves
and cut down the trees and made and carried away the shingles for
their own use unconnected with any of the other defendants - It also
appeared that the three Wards and Robinson formed another compa-
ny by themselves, and the trees they cut down and the shin-
gles they made and carried away were for their own use unconnected
with any of the other defts. And it also appeared that Hammond was asso-
ciated