Bower v. Higbee
Supreme Court of Missouri
APPEAL from Platte. The appellant relies upon the following POINTS AND AUTHORITIES. 1. Whenever timber is severed from the soil, it becomes personalty, and is a proper subject for the action of replevin, (see Cresson and others vs. Stout, 17 Johns. Rep. 116,) and more especially under our statute' which gives the action for detention merely. 2. A trespasser acquires no property, either general or special, to timber by cutting it. See Turley vs. Tucker, 6 Mo.
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APPEAL from Platte. The appellant relies upon the following POINTS AND AUTHORITIES. 1. Whenever timber is severed from the soil, it becomes personalty, and is a proper subject for the action of replevin, (see Cresson and others vs. Stout, 17 Johns. Rep. 116,) and more especially under our statute' which gives the action for detention merely. 2. A trespasser acquires no property, either general or special, to timber by cutting it. See Turley vs. Tucker, 6 Mo. Rep. 583 ; Ran-son vs. Benton, lb. 592. If, then, timber severed from the realty, may be subject of replevin, and the trespasser (as…
1Opinion of the CourtScott, J.
Jacob Eiler was entitled to a right of pre-emption to a qr. sect, of land in Platte county, under the act of Congress 1st June, 1840. In the spring of 1841, he leased the qr. sect, land to which he had a preemption right, to the plaintiff Rowers, for ninety-nine years. In the year 1842, the defendants, Higbee and others, made rails on the tract of land leased to Bower, and took them away. Bower, the lessee and plaintiff, brought an action of replevin to recover- the rails, in which he submitted to a non-suit, in consequence of instructions given and refused by the court, and a motion being…
2Cited by6 opinions
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- Rankin v. WyattSupreme Court of Missouri · 1934
- Delco Light Co. v. John LeRoy Hutchinson PropertiesSupreme Court of Florida · 1930
- Hall & Paulson Furniture Co. v. WilburWashington Supreme Court · 1892
- Gartside v. NixonSupreme Court of Missouri · 1868
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