King v. Merriman
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Hennepin •county, to recover the value of pine timber alleged to have been wrongfully cut and removed by defendants from plaintiffs land, and •converted to their own use. The defendants, in their answer, admitted the cutting and removal, but justified it under a contract made by plaintiff with Leighton & Fenwick, and by them assigned to the •defendants.
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Plaintiff brought this action in the district court for Hennepin •county, to recover the value of pine timber alleged to have been wrongfully cut and removed by defendants from plaintiffs land, and •converted to their own use. The defendants, in their answer, admitted the cutting and removal, but justified it under a contract made by plaintiff with Leighton & Fenwick, and by them assigned to the •defendants. Upon the trial, before Rea, 3., and a jury, the contract was held inadmissible, the timber in question having been cut after the logging season of 1884-85. A verdict was directed for the…
1Opinion of the Court
Mitchell, 3.
This was an action for damages for the conversion of a quantity of saw-logs. They were cut by defendants upon the land of plaintiff, in Morrison county, and transported to a boom in the Mississippi river, where they were when plaintiff demanded them from defendants. The defendants justify the cutting under a written contract executed in the autumn of 1883 between plaintiff and Leighton and Fenwick, and by the latter assigned to defendants. The two principal questions are — First, the right of defendants to cut and remove the timber; and, second, if they had no such right, the…
2Cases cited3 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Nesbitt v. St. Paul Lumber Co.Supreme Court of Minnesota · 1875
- Whitney v. HuntingtonSupreme Court of Minnesota · 1887
3Cited by28 opinions
- Larson v. Archer-Daniels-Midland Co. Inc.Supreme Court of Minnesota · 1948
- Houston Oil Co. of Texas v. BoykinTexas Supreme Court · 1918
- Durant Min. Co. v. Percy Consol. Min. Co.Court of Appeals for the Eighth Circuit · 1899
- Hoxsie v. Empire Lumber Co.Supreme Court of Minnesota · 1889
- Ripy v. LessCourt of Appeals of Texas · 1909
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