Aikin v. Buck
New York Supreme Court
This was an action of trespass, for taking and carrying away a quantity of saw logs. The plaintiffs proved, that in the fall of 1825, or winter of 1826, they purchased a quantity of saw logs, which were received by their agent, marked as their property, and left on the bank of the river Au’Sable. The logs were principally cut on the north end of lot No. 210, in Maule’s patent, to 30 acres of which, the vendor of the logs claimed a possessory right.
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This was an action of trespass, for taking and carrying away a quantity of saw logs. The plaintiffs proved, that in the fall of 1825, or winter of 1826, they purchased a quantity of saw logs, which were received by their agent, marked as their property, and left on the bank of the river Au’Sable. The logs were principally cut on the north end of lot No. 210, in Maule’s patent, to 30 acres of which, the vendor of the logs claimed a possessory right. After the logs had been received and marked by the agent of the plaintiffs, they were taken by the defendant. The plaintiffs rested, and the…
1Opinion of the Court
By the Court,
Sutherland, J.
The plaintiffs shewed a sufficient possession of the property, to enable them to maintain the action. The logs were actually received and marked by the agent of the plaintiffs, and left upon the bank of the river Au’Sable, upon land belonging to, or claimed by the Peru Iron Company. The plaintiffs had such a right to the logs, prima facie, as to be entitled to take them into their actual *469possession, whenever, they pleased ; and this is sufficient to maintain the action. (8 Johns. R. 432. 13 Johns. R. 141, 561.)
The "defendant entirely failed in his defence. The logs…
2Cited by18 opinions
- Northern Pacific Railroad v. LewisSupreme Court of the United States · 1896
- Butler v. CollinsCalifornia Supreme Court · 1859
- Carter v. WallaceTexas Supreme Court · 1847
- Ault v. MeagerSupreme Court of Georgia · 1900
- Judges of the Oneida Common Pleas v. People ex rel. SavageNew York Supreme Court · 1837
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