Cotter v. Plumer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Lincoln County. This action was originally brought by the plaintiffs against B. G. Plumer, to recover damages for the alleged cutting by him, in 1885, of a quantity of pine timber upon land owned by them in the county of Lincoln, and the removal of the same from such land. The plaintiffs are the owners of such land under and by virtue of a tax deed thereof duly executed to one Anderson, who subsequently conveyed the land to the plaintiffs.
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APPEAL from the Circuit Court for Lincoln County. This action was originally brought by the plaintiffs against B. G. Plumer, to recover damages for the alleged cutting by him, in 1885, of a quantity of pine timber upon land owned by them in the county of Lincoln, and the removal of the same from such land. The plaintiffs are the owners of such land under and by virtue of a tax deed thereof duly executed to one Anderson, who subsequently conveyed the land to the plaintiffs. B. G. Plumer was the original owner of the land under patent issued by the United States to him. He died intestate after…
1Opinion of the CourtLyon, J.
The testimony leaves no doubt that the plaintiffs were the owners of the land from which the timber was taken at the time it was taken, and that they are entitled to recover in this action. The sole question to be determined is, whether they may recover the highest market value of the logs taken from their land while such logs remained in the possession of B. G. Plumer, the defendant’s intestate, or only the value of the stumpage — that is, of the standing-timber before the same was cut. In other woixjs, this court having just held in Fleming v. Sherry, post, p. 503 (decided *478herewith), that…
2Cases cited3 opinions
- McArthur v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1874
- Noonan v. OrtonWisconsin Supreme Court · 1874
- Wright v. E. E. Bolles Wooden Ware Co.Wisconsin Supreme Court · 1880
3Cited by9 opinions
- Killen v. BarnesWisconsin Supreme Court · 1900
- Gracyalny v. Westinghouse Electric Corp.Court of Appeals for the Seventh Circuit · 1983
- Lane v. FrawleyWisconsin Supreme Court · 1899
- Fleming v. EllisonWisconsin Supreme Court · 1905
- Mesar v. Southern Surety Co.Wisconsin Supreme Court · 1929
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