Underhill Coal Mining Co. v. Hixon

BECK, Judge:

This appeal raises the issue of whether in a trespass and conversion action a good faith defense is available to bona fide purchasers for value who purchased cut timber from a third party who had converted the timber.

The trial court answered this question in the affirmative, and granted summary judgment to the bona fide purchasers for value. We reverse.

The bona fide purchasers for value are Ronald Rishel and Rodney VanVoorhis. Underhill Coal Mining Company (“Underhill”), the owner of the timbered property, brought an action in trespass and conversion against the purchasers as *221well…