Washburn v. Mendenhall
Supreme Court of Minnesota
The complaint alleges that during the logging season of 1872-3 one Soule unlawfully entered on certain described land of plaintiff, in Mille Lacs county, cut and carried away therefrom 300 pine logs, containing 82,000 feet, marked them with his own marks, and drove them with other logs of the same marks into the boom of the Mississippi and Rum River Boom Company, where they are so intermingled with such other logs that they cannot be distinguished therefrom; that Soule has…
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The complaint alleges that during the logging season of 1872-3 one Soule unlawfully entered on certain described land of plaintiff, in Mille Lacs county, cut and carried away therefrom 300 pine logs, containing 82,000 feet, marked them with his own marks, and drove them with other logs of the same marks into the boom of the Mississippi and Rum River Boom Company, where they are so intermingled with such other logs that they cannot be distinguished therefrom; that Soule has transferred all such marks, and all the logs so marked, to defendant Mendenhall, who has contracted to sell them to the…
1Opinion of the CourtBerry, J.
Whether the complaint could be sustained as a complaint in an action of “claim and delivery,” pure and simple, or — what comes to the same thing — whether the facts stated in the complaint would entitle the plaintiff, in an action of that kind, to recover possession of the logs in controversy, it is unnecessary to enquire. It is enough that the complaint is clearly sufficient as a complaint in an action, in the nature of trover, for the conversion of plaintiff’s logs by defendants ; and although the plaintiff’s prayer for relief is “ for the immediate possession of the logs, or the sum of six…
2Cited by5 opinions
- Tidd v. RinesSupreme Court of Minnesota · 1879
- Farmer v. CrosbySupreme Court of Minnesota · 1890
- Hardin v. PalmerleeSupreme Court of Minnesota · 1881
- Morish v. MountainSupreme Court of Minnesota · 1876
- National Citizens Bank v. McKinleySupreme Court of Minnesota · 1911