Bergman v. Vogt's Administrator
Missouri Court of Appeals
Appeal from Warren Circuit Court. — Hon. James D. Barnett, Judge. (1) After timber is severed from the soil it is no longer real estate but personal property, and an action for trespass will not lie for its removal. Annuity and Trust Co. v. Mangold, 94 Mo. App. 125; Land Co. v. Watson, 125 Mo.
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Appeal from Warren Circuit Court. — Hon. James D. Barnett, Judge. (1) After timber is severed from the soil it is no longer real estate but personal property, and an action for trespass will not lie for its removal. Annuity and Trust Co. v. Mangold, 94 Mo. App. 125; Land Co. v. Watson, 125 Mo. App. 554. (2) Possession of land is sufficient to maintain an action of trespass, but the defendant may dispute plaintiff’s possessory right by showing that the title and possessory right are vested in himself. Barbari'ck v. Anderson, 45 Mo. App. 370; Fuhr v. Dean, 26 Mo. 116; Cox v. Barker, 81 Mo. App.…
1Opinion of the CourtReynolds, P. J.
This action was commenced before a justice of the peace, the statement counting on trespass in breaking and entering the premises of plaintiff by defendant and removing therefrom certain logs and firewood. On application of defendant the cause was transferred from the justice of the peace to the circuit court, on the ground that title to real estate was involved. At the trial before that court and a jury, there was a verdict and judgment for plaintiff for ■ ten dollars, from which latter defendant, interposing his motion for a new trial as well as one in arrest of judgment and saving…
2Cases cited2 opinions
- Barbarick v. AndersonMissouri Court of Appeals · 1891
- Levy v. McClintockMissouri Court of Appeals · 1910
3Cited by1 opinion
- Nixon v. WilliamsonMissouri Court of Appeals · 1987