Gerbig v. Bell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Juneau ■county; J. J. FRüit, Circuit Judge. The plaintiff brought suit to recover the value of some logs •and timber alleged to have been wrongfully cut and removed ■from his lands.
Read the full summary
Appeal from a judgment of the circuit court for Juneau ■county; J. J. FRüit, Circuit Judge. The plaintiff brought suit to recover the value of some logs •and timber alleged to have been wrongfully cut and removed ■from his lands. The defendant denied that any trespass was committed upon the lands of the plaintiff, and set up as ■a separate defense that, if any timber was cut upon plaintiff’s lands, it was cut without the knowledge, authority, or direction of the defendant, by one Blakeslee, to whom the defendant sold the timber on certain parcels of land owned by him and adjoining those of…
1Opinion of the CourtBarnes, J.
The defendant owned the S. W. \ of the FT. W. ¿ and the Fí. W. J of the S. W. £ of section 32. The *159plaintiff owned the adjoining forties immediately west thereof in section 31. Defendant sold and conveyed the timber on thirteen parcels of land owned by him, including that on the two parcels above described, to one Blakeslee. The latter, while removing 'said timber, cut some trees on the land of the plaintiff. Judgment has been recovered against the defendant for such trespass.
The defendant had the right to sell and convey the timber which he owned. If he is liable for the trespass committed…
2Cases cited23 opinions
- Rowell v. SmithWisconsin Supreme Court · 1905
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- Gossens v. Mattoon Manufacturing Co.Wisconsin Supreme Court · 1899
- J. H. Clark Co. v. RiceWisconsin Supreme Court · 1906
- Keeley v. Great Northern Railway Co.Wisconsin Supreme Court · 1909
18 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Werner v. RiemerWisconsin Supreme Court · 1949
- Gimbel v. WehrWisconsin Supreme Court · 1917
- Griffiths v. CretneyWisconsin Supreme Court · 1910
- Loehr v. DicksonWisconsin Supreme Court · 1913
- Wm. Marnitz Co. v. RichardsWisconsin Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.