Powers v. United States
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern Division of the Western District of Michigan. This is an action in trover, brought by the United States to recover the value of certain logs and lumber converted by the plaintiff in error from pine timber standing on mineral lands in South Dakota belonging to the United States, on which locations had been made by other parties.
Read the full summary
In Error to the Circuit Court of the United States for the Southern Division of the Western District of Michigan. This is an action in trover, brought by the United States to recover the value of certain logs and lumber converted by the plaintiff in error from pine timber standing on mineral lands in South Dakota belonging to the United States, on which locations had been made by other parties. The first count in the declaration alleges the conversion of 668,000 feet of pine lumber, and the second count the conversion of the same number of feet of pine logs. The defendant pleaded the general…
1Opinion of the Court
SEVERENS, Circuit Judge,
having made the foregoing statement of the proceedings in the case, delivered the judgment of the court.
1. The plaintiff in error raises the question whether, the lands on which the timber stood, having been already located, and thereby segregated from the public domain, the United States can maintain this action. But as the location had not been ripened by purchase and payment, and the title of the United States had not yet been devested, we have no doubt the plaintiff was entitled to bring the suit.
2. The principal question in the controversy, aside from the question…
2Cases cited12 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Norris v. JacksonSupreme Court of the United States · 1870
- Benson Mining & Smelting Co. v. Alta Mining & Smelting Co.Supreme Court of the United States · 1892
- Supervisors v. KennicottSupreme Court of the United States · 1881
- The E. A. Packer, ScullySupreme Court of the United States · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Clarkson v. MFA Mutual Insurance CompanyMissouri Court of Appeals · 1967
- Wood v. WeaverCourt of Appeals of Virginia · 1917
- Great Southern Gas & Oil Co. v. Logan Natural Gas & Fuel Co.Court of Appeals for the Sixth Circuit · 1907
- Trustees of Dartmouth College v. International Paper Co.U.S. Circuit Court for the District of New Hampshire · 1904
2 more not listed; retrieve them via the Exa API.