Anderson v. Gouldberg
Supreme Court of Minnesota
Appeal by defendants, Hans J. Gouldberg and D. O. Anderson, from an order, of the District Court of Isanti County, Lochren, J., made November 14, 1892, refusing a new trial. This action was brought by the plaintiff, Sigfrid Anderson, against the defendants, partners as Gouldberg & Anderson, to recover the possession of ninety-three pine logs, marked L S X, or for the value thereof.
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Appeal by defendants, Hans J. Gouldberg and D. O. Anderson, from an order, of the District Court of Isanti County, Lochren, J., made November 14, 1892, refusing a new trial. This action was brought by the plaintiff, Sigfrid Anderson, against the defendants, partners as Gouldberg & Anderson, to recover the possession of ninety-three pine logs, marked L S X, or for the value thereof. Plaintiff claimed to have cut the logs on section 22, township 27, range 25, Isanti County, in the winter of 1889-1890, and to have hauled them to a mill on section 6, from which place defendants took them. The…
1Opinion of the CourtMitchell, J.
It is settled by the verdict of the jury that the logs in controversy were not cut upon the land of the defendants* and consequently that they were entire strangers to the property.
For the purposes of this appeal, we must also assume the fact to be (as there was evidence from which the jury might have so found) that the plaintiffs obtained possession of the logs in the first instance by trespassing upon the land of some third party.
Therefore the only question is whether bare possession of prop-' erty, though wrongfully obtained, is sufficient title to enable the party enjoying it to maintain…
2Cited by26 opinions
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