Befay v. Wheeler
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago Comity. The action was brought to recover the highest market value of pine timber cut by defendant on two forty-acre tracts of land in Florence county.
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APPEAL from the Circuit Court for Winnebago Comity. The action was brought to recover the highest market value of pine timber cut by defendant on two forty-acre tracts of land in Florence county. The complaint alleged that said lands belonged to the state of Wisconsin on and prior to October 2, 1887, and were on that day purchased by the plaintiffs, who received a patent therefor from the state, and ever since have been the owners thereof; that at various times in the years 1884, 1885, 1886, and 1887 the defendant entered on said lands, and out and removed 655,839 feet of pine timber,…
1Opinion of the CourtWiNslow, J.
Eeally the only issue litigated was as to the amount of damages to which plaintiffs were entitled. The defendant on the trial did not claim that he ever possessed a valid title to the lands in question, but he claimed that he cut the timber therefrom under a title acquired in good faith, which he believed to be good. If this was the case, the value of the stumpage is all that could be recov.ered by the plaintiffs. If it was not the case, the highest market value of the timber at any time while in the defendant’s possession might be recovered as damages. E. S. sec. 4269, as amended by ch. 239,…
2Cases cited6 opinions
- United States v. RossSupreme Court of the United States · 1876
- Wright v. RoseberrySupreme Court of the United States · 1887
- French v. FyanSupreme Court of the United States · 1876
- Railroad Co. v. SmithSupreme Court of the United States · 1870
- Connors v. MeserveySupreme Court of Iowa · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hildebrand v. Chicago B. & Q. R. R.Wyoming Supreme Court · 1933
- Kilgore v. GannonIndiana Supreme Court · 1916
- Mitchell v. Phillips Mining Co.Supreme Court of Iowa · 1917
- T. D. Kellogg Lumber & Manufacturing Co. v. Webster Manufacturing Co.Wisconsin Supreme Court · 1909
- Bugbee v. LombardWisconsin Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.