Ames v. Mississippi Boom Co.
Supreme Court of Minnesota
APPEAL PROM THE DISTRICT COURT OF WASHINGTON OOUNTY. Points and Authorities of Appellant. I. — The Plaintiff has mistaken his remedy. Replevin will not lie where the title to the chattel can only be shown by proving the title to the land from which it was severed. Otherwise, where the Plaintiff is in the actual possession of the land, as possession will be sufficient to enable him to maintain the action.
Read the full summary
APPEAL PROM THE DISTRICT COURT OF WASHINGTON OOUNTY. Points and Authorities of Appellant. I. — The Plaintiff has mistaken his remedy. Replevin will not lie where the title to the chattel can only be shown by proving the title to the land from which it was severed. Otherwise, where the Plaintiff is in the actual possession of the land, as possession will be sufficient to enable him to maintain the action. Morris on Replevin, 57, and oases there cited; 8 Cow., 220; 2 Watts, 126-7. II. — An action for the recovery of specific personal property is a proceeding in rem, and proof of identity of the…
1Opinion of the Court
By the Gourt.
Atwater, J.
This was an action of re-plevin, to recover 600,000 feet of pine saw logs, of which Plaintiff claimed to be owner, and entitled to the immediate possession. The Defendant denied the material allegations of the complaint, and set up title to the logs in a third party, and claimed right of possession by virtue of a lien on the same for boomage.
The cause was referred to W. Wilkin, Esq., who reported that the Plaintiff was entitled to judgment for 126,622 feet of the logs claimed, or the value thereof, assessed at $506 48-100. Upon the coming in of the-report the Defendant…
2Cases cited4 opinions
- Betts v. LeeNew York Supreme Court · 1810
- Davis v. EasleyIllinois Supreme Court · 1851
- Snyder v. VauxSupreme Court of Pennsylvania · 1830
- Bradley v. GamelleSupreme Court of Minnesota · 1862
3Cited by10 opinions
- Sinnott v. . FeiockNew York Court of Appeals · 1901
- Seabloom v. KrierSupreme Court of Minnesota · 1945
- Berthold v. HolmanSupreme Court of Minnesota · 1867
- Hamilton v. ClarkMissouri Court of Appeals · 1887
- Willis v. De WittSouth Dakota Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.