Morgan v. Corbin
Supreme Court of Iowa
Appeal from, Boone District Court. Trespass, for taking and carrying away a black walnut log or logs from plaintiff’s land. Plaintiff Mary Morgan, was formerly the wife of one Nutt, who was the owner of the land, and from whom it descended to her.
Read the full summary
Appeal from, Boone District Court. Trespass, for taking and carrying away a black walnut log or logs from plaintiff’s land. Plaintiff Mary Morgan, was formerly the wife of one Nutt, who was the owner of the land, and from whom it descended to her. The testimony tends to show that defendant formerly owned the land, and while such owner the tree was cut down; that during Nutt’s lifetime, the tree thus upon the ground was bought and paid for by defendant, of which Mrs. Morgan had due notice. The court, upon these facts, instructed the jury, that if the property had passed to the possession .of…
1Opinion of the CourtWright, J.
i descent: purchase!. This instruction was erroneous. The heir is not thus protected in property taken by devise or descent. He is not a purchaser. The contract Q|. ancestov must be observed, and if there was a sale of the logs by him, and payment therefor, the possession of the heir followed that of the ancestor, subject to the rights of third persons in and to the same, or any property thereon. The instruction ignores completely' the distinction between the rights of one taking by descent and those of a bona fide purchaser. As the ancestor could not recover for the value of the tree or…
2Cases cited1 opinion
- Wilde v. CantillonNew York Supreme Court · 1799
3Cited by2 opinions
- McGee v. AllisonSupreme Court of Iowa · 1895
- Willow Tree Investments, Inc. v. WilhelmSupreme Court of Iowa · 1991