lis DEFINITION OF TLMDEll TllEES. 



taken by consent (M. & M. 112 ; for Masters v. Polite, see 2 Roll. 

 Rep. 111). 



A very complicated case of this kind, Dixon v. Geldard, was tried at 

 the "Westmoreland Summer Assizes, 1857. The tree in question was 

 nearly one hundred years old, and grew in a fence dividing the land of 

 the phiintiff from the land of the defendant. The fence had always been 

 repaired by the plaintiff, and was admitted to belong to him. It was 

 an old one made up of dry materials, the part near to the tree being 

 what is called a " copped " fence, and the tree in question, a large oak, 

 stood apart from it, rather more to the side of the field belonging to the 

 defendant than to the side of the field belonging to the plaintiif. On 

 the defendant's side of the hedge, close to it, a short distance from the 

 oak, some ash trees were growing, which, being in the defendant's field 

 and forming no part of the hedge, it was conceded, belonged to him. 

 Tiie evidence for the plaintiff also went to show that the heart of the 

 tree was a foot nearer the defendant's land than the plaintiff's. There 

 was also, close by the tree, a thorn growing further into the field 

 than the tree, wliich thorn, wlien the hedge was repaired, was always 

 cut at the bottom and laid back in the hedge. The defence was that 

 the tree was originally planted on the defendant's land, which gave 

 him a right to cut it down, and that supposing it did form part of 

 the fence, if it was originally so planted, the fact of its becoming 

 part of the fence would not alter the ownership. In May, 1857, the 

 plaintiff thought about felling the tree, and spoke to Mr. John Nelson, 

 a carpenter and wood merchant, about it. No bargain was come to, 

 but the price named was £10. This circumstance reached the ears of 

 the defendant on a Saturday, and he immediately employed two men 

 to cut down and bark the tree as soon as possible after 12 o'clock on 

 Sunday night, and an action of trespass was brought. After a great 

 deal of contradictory evidence on both sides, the plaintiff had a verdict 

 of £10. 



Timhcr trees are those wliich serve for building, or reparation of 

 houses ; such as oak, ash, and elm, of the age of 20 years and upwards ; 

 but by the custom of some countries certain trees not usually considered 

 as timber are deemed to be such, being there used for building. Beech, 

 or buck as it was once termed, was admitted in Aubrey v. Fisher to be 

 timber by the custom of the countiy (Bucks), like oak and ash, and 

 hence the general rule of law, applicable to timber trees, attaches to it 

 so as to give it the property and privileges of timber at 20 years' growth. 

 No evidence was allowed to qualify its character as such, where the 

 trees were more than 20 years old, as for instance that by the custom of 

 the country it was not deemed timber unless it contained 10 feet of solid 



