Sampson v. Hammond
California Supreme Court
Appeal from the Seventh Judicial District. This was an action brought by the plaintiff, as assignee of a lease, or contract, giving the exclusive right and privilege for the space of ten years from date, to fell, saw or otherwise make use of all the timber standing on the rancho of the contracting party, in pursuance of which, the assignor of the plaintiff entered into and took possession of the rancho and built houses, cut timber, and commenced the erection of a mill.
Read the full summary
Appeal from the Seventh Judicial District. This was an action brought by the plaintiff, as assignee of a lease, or contract, giving the exclusive right and privilege for the space of ten years from date, to fell, saw or otherwise make use of all the timber standing on the rancho of the contracting party, in pursuance of which, the assignor of the plaintiff entered into and took possession of the rancho and built houses, cut timber, and commenced the erection of a mill. The complaint alleged that the defendants had cut and carried away a large quantity of timber. The Court nonsuited the…
1Opinion of the Court
Mi Ch. J. Murray
delivered the opinion of the Court.
Mr. J. Heydeneeldt concurred.
The Court below erred in nonsuiting the plaintiff, on the ground that he could not maintain an action for timber, unless the same was cut or felled by himself.
As soon as the logs were cut, they became the property of the plaintiff, by virtue of his lease, and the action of trover was the proper remedy.
Judgment reversed with costs, and new trial ordered.
2Cited by6 opinions
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. SwinneyIndiana Supreme Court · 1884
- Tyson v. McGuineasWisconsin Supreme Court · 1870
- Michigan Land & Iron Co. v. Deer Lake Co.Michigan Supreme Court · 1886
- Brady v. . BradySupreme Court of North Carolina · 1913
- Brady v. BradySupreme Court of North Carolina · 1913
1 more not listed; retrieve them via the Exa API.