BOHLEN v. ARTHURS & Others
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE WESTERN DISTRICT OF PENNSYLVANIA. This was an action of replevin, brought in the Circuit Court of the United States for the Western District of Pennsylvania, to recover a quantity of square white pine timber logs, in rafts. At the trial the court directed a verdict for the defendants, and, after a judgment accordingly, the plaintiff brought this writ of error.
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOE THE WESTERN DISTRICT OF PENNSYLVANIA. This was an action of replevin, brought in the Circuit Court of the United States for the Western District of Pennsylvania, to recover a quantity of square white pine timber logs, in rafts. At the trial the court directed a verdict for the defendants, and, after a judgment accordingly, the plaintiff brought this writ of error. The defendants who pleaded, setting up property in themselves, were one Arthurs, assignee in bankruptcy of Baum and. Carrier, and one McClure^ Each party, plaintiff and…
1Opinion of the CourtJustice Blatchford
After stating the facts in the language above reported, he continued :
It is contended, for the plaintiff, that Phillips acquired a right to the possession of the lands as a tenant in common, and a right to cut and market the timber, with a view to paying' the consideration for the purchase ; that such rights had passed to the plaintiff; and that a verdict for the plaintiff should have been directed, or else the case should have been left to the jury under proper instructions.
The most that was shown by the evidence was, that the plaintiff claimed title to the timber as being a,tenant in common…
2Cases cited1 opinion
- Wilson v. GraySupreme Court of Pennsylvania · 1839
3Cited by4 opinions
- Missouri Pac. Ry. Co. v. TerrySupreme Court of the United States · 1885
- In re CarrierDistrict Court, W.D. Pennsylvania · 1889
- Cochran v. United StatesCourt of Appeals for the Eighth Circuit · 1921
- Lyon v. BurseyDistrict of Columbia Court of Appeals · 1914