
    Merrils v. Goodwin.
    A man finding a tree of bees in another’s land, gives no right to the tree or the bees; unless they went from his own hive.
    Eebob to reverse a judgment of a justice in an action of trespass, Goodwin v. Merrils; for cutting down a tree in the woods, that had a swarm of bees in it, and taking the honey, which the plaintiff had previously discovered.
    The defendant plead in bar — That said bees were a swarm from his hive; that he had frequently lined them to' near said tree; and that said bees were his property.
    The plaintiff replied — That he found them wild in the woods, and had good right to take them. To which reply, a demurrer was given.
    The judgment of the justice was — That the plaintiff’s reply was sufficient; with thirty shillings damages.
    Error'assigned generally.
    Judgment — Manifest error.
   By the Court.

A man’s finding bees in a tree standing upon another man’s land, gives him no right either to the tree or the bees; and a swarm of bees going from a hive, if they can be followed and known, are not lost to tbe owner, but may be reclaimed.  