Gratz v. McKee
Court of Appeals for the Eighth Circuit
In Error to the'District Court of the United States for the Eastern District of Missouri; John C. Pollock, Judge. Action at law by Benjamin Gratz ¿gainst James S. McKee and others. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
VAN VARKENBURGH, District Judge.
Plaintiff in error, plaintiff below, sued the defendants in error, defendants below, to recover the value of 307% tons of mussel shells alleged to have been taken from the lands of plaintiff’s assignors and converted to defendants’ use. The trial court directed a verdict for the defendants, which judgment was affirmed by this court. 258 Fed. 335, 169 C. C. A. 351.
The plaintiff invoked the rule of the common law, that where title to animals ferae naturae is obtained by taking possession thereof, the ■taking' must not he wrongful, and if the taking is effected by…
2Cases cited37 opinions
- Geer v. ConnecticutSupreme Court of the United States · 1896
- Ex parte MaierCalifornia Supreme Court · 1894
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- Phelps v. . RaceyNew York Court of Appeals · 1875
- Harper v. GallowaySupreme Court of Florida · 1909
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3Cited by15 opinions
- Diversion Lake Club v. HeathTexas Supreme Court · 1935
- McKee v. GratzSupreme Court of the United States · 1922
- Elder v. DelcourSupreme Court of Missouri · 1954
- Luther George and Wife, Helen George v. Beavark, Inc., and James CypertCourt of Appeals for the Eighth Circuit · 1968
- United States v. FelterDistrict Court, D. Utah · 1982
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