Legal Opinion

Malchow v. Boise Cascade Corp.

Court of Appeals of Washington

Decided May 30, 1978No. 2504-3PublishedCited by 5 opinions

1Opinion of the CourtGreen, J.

James and Delores Malchow brought this action in conversion against Boise Cascade Corporation, to recover triple damages for the cutting and removing of standing timber in 1973 from their land in Asotin County. Summary judgment was granted in favor of Boise Cascade and the Malchows appeal.

We reach only the threshold question of whether the Malchows have standing to bring this action and hold that they do not.

In order to recover in a conversion action, a plaintiff must rely upon the strength of his own title and right to possession without regard to the weakness of that of his adversary.…

2Cases cited7 opinions

  1. Strong v. ClarkWashington Supreme Court · 1960
  2. Messenger v. MurphyWashington Supreme Court · 1903
  3. Burnett v. Edw. J. Dunnigan, Inc.Washington Supreme Court · 1931
  4. Koch v. SwansonCourt of Appeals of Washington · 1971
  5. Sussman v. MentzerWashington Supreme Court · 1938

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. Malcolm S. McLeod and Eunice McLeod His WifeCourt of Appeals for the Ninth Circuit · 1983
  2. Pacific Gamble Robinson Co. v. Chef-Reddy Foods Corp.Court of Appeals of Washington · 1985
  3. Eggert v. VincentCourt of Appeals of Washington · 1986
  4. Gissel v. StateIdaho Supreme Court · 1986
  5. Gissel v. StateIdaho Supreme Court · 1986

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