Log-Owners' Booming Co. v. Hubbell
Michigan Supreme Court
Error to Newaygo; Palmer, J. Replevin by the Log-Owners’ Booming Company against Charles Hubbell and Fred C. Taylor. From a judgment for defendants, plaintiff brings error. This is an action of replevin brought in justice’s court to recover a small amount of lumber cut from logs taken by the defendants from a rollway on the Muskegon river; plaintiff claiming the right of possession, but not ownership.
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Error to Newaygo; Palmer, J. Replevin by the Log-Owners’ Booming Company against Charles Hubbell and Fred C. Taylor. From a judgment for defendants, plaintiff brings error. This is an action of replevin brought in justice’s court to recover a small amount of lumber cut from logs taken by the defendants from a rollway on the Muskegon river; plaintiff claiming the right of possession, but not ownership. Plaintiff was organized for the purpose of running, driving, booming, and rafting logs, etc., on Muskegon lake and river, and their tributaries. It claimed authority by contract from the log…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. No demand of possession was necessary before bringing suit. Defendants knew that these logs bore marks of other owners, and that the title which they would obtain by a purchase from Dickinson rested entirely upon abandonment. Dickinson did not actually claim title, but informed defendants that they could take whatever title he had. They admit-, fed that they knew the logs were claimed by others, and ■anticipated trouble. Under such circumstances, they were not bona fide purchasers.
2. Error is assigned upon the instruction of the court "that the plaintiff must…
2Cited by13 opinions
- Remington Cash Register Co. v. National Cash Register Co.District Court, D. Connecticut · 1925
- Van Slooten v. LarsenMichigan Supreme Court · 1980
- Schaffner v. BensonIndiana Court of Appeals · 1929
- J. A. Bel Lumber Co. v. StoutSupreme Court of Louisiana · 1914
- Grix v. Liquor Control CommissionMichigan Supreme Court · 1943
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