Stephenson v. Little
Michigan Supreme Court
Case made after judgment from Saginaw Circuit. The action was trover, brought by Stephenson against William L. P. Little, M'oses B. Hess and Daniel Boutell, for a quantity of saw logs. Plea, the general issue. It appeared in evidence that in the winter of 1856-7 plaintiff got out and-'haulea upon Potobaco lake and its outlet some 2,600 pine saw logs. A portion of these was cut on and owned by the plaintiff, and others upon land belonging to the Government.
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Case made after judgment from Saginaw Circuit. The action was trover, brought by Stephenson against William L. P. Little, M'oses B. Hess and Daniel Boutell, for a quantity of saw logs. Plea, the general issue. It appeared in evidence that in the winter of 1856-7 plaintiff got out and-'haulea upon Potobaco lake and its outlet some 2,600 pine saw logs. A portion of these was cut on and owned by the plaintiff, and others upon land belonging to the Government. Still another portion was out upon lot three of section thirty in township fifteen north of range five east, on which plaintiff seems to…
1Opinion of the Court
Manning J.:
The judgment I think should be affirmed. In trover the right of property is in issue, and to sustain the action plaintiff must prove property in himself, either general or special. Possession is not sufficient for that purpose, as in trespass. It is evidence of property, but.it does not, as in *440trespass, preelude defendant from showing property in a third person." The theory of the action is that the goods belong to the plaintiff, that he lost them, that they came to defendant^ possession by finding, and that he afterwards wrongfully converted them to his own use. As plaintiff never…
2Cases cited2 opinions
- Hesseltine v. StockwellSupreme Judicial Court of Maine · 1849
- Bryant v. WareSupreme Judicial Court of Maine · 1849
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- Smith v. MottleyCourt of Appeals for the Sixth Circuit · 1906
- Claflin & Co. v. Continental Jersey WorksSupreme Court of Georgia · 1890
- Liberty Bell Gold Mining Co. v. Smuggler-Union Mining Co.Court of Appeals for the Eighth Circuit · 1913
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