St. Croix Land & Lumber Co. v. Ritchie

The plaintiff company never having had the actual possession of the land upon which the logs in controversy were cut by the defendant, it became essential to its right of action to show, by proof of other facts, that it was entitled to the possession of the logs. 'The plaintiff attempted to show this by proof that it was the owne^ in fee of the land and hence was in constructive possession *412thereof (the same being vacant) and entitled to the possession of the logs wrongfully taken therefrom. But such proofs show that its title was derived exclusively from the tax deed of the land to Taylor…