Legal Opinion

Baker v. Campbell

Missouri Court of Appeals

Decided December 10, 1888PublishedCited by 3 opinions

Appeal from Grundy Circuit Court. — Hon. Gf. D. Burgess, Judge. (1) Replevin may be maintained to recover boards ■or lumber sawed from logs wrongfully cut and taken from lands belonging to another. Wingate v. Smith, '20 Me. 287 ; Wells on Rep. p. 52, secs. 82, 83, 84, 86 ; Schelenberg & Belcher v. Campbell, 14 Mo. 491, 492; Society v. Fleming, 79 Am. Dec. 511; Horton v. Horton, 53 Am. Dec. 612 ; Herdict v. Young, 55 Pa.

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1Opinion of the CourtHall, J.

— This was an action of replevin for the recovery of the possession of certain lumber, which was, as was admitted in open court, by the parties, made from timber cut by defendant on certain described land, which then was, and long had been, as shown by the evidence, in plaintiff’s possession. The plaintiff, on cross-examination, stated that he did not own the land, but had been in possession of it as his wife’s land, which she had inherited from her father. The defendant made no claim to the land, but did introduce in evidence a quit-claim deed to himself of the land from one who was not…

2Cases cited5 opinions

Mooers v. WaitNew York Supreme Court · 1829
Bulkley v. DolbeareSupreme Court of Connecticut · 1828
Broadwater v. DarneSupreme Court of Missouri · 1846
Wright v. RichmondMissouri Court of Appeals · 1886
McMahill v. WalkerMissouri Court of Appeals · 1886

3Cited by3 opinions

Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
Gunderson v. HollandNorth Dakota Supreme Court · 1911
Meeks v. Clear Jack Mining Co.Missouri Court of Appeals · 1910