Dreyer v. Ming
Supreme Court of Missouri
Appeal from Franklin Circuit Court. This was an action in the nature of an action of trespass, for wrongfully and without leave entering upon the land of plaintiffs, and cutting and carrying away timber, &c. The answer, after denying the facts stated in the petition, sets up an ownership of the land in defendants.
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Appeal from Franklin Circuit Court. This was an action in the nature of an action of trespass, for wrongfully and without leave entering upon the land of plaintiffs, and cutting and carrying away timber, &c. The answer, after denying the facts stated in the petition, sets up an ownership of the land in defendants. It appeared in evidence on the trial, that plaintiff had a patent for the land from the United States ; that timber had been cut on the land for railroad ties by one Richard Crews ; that said Crews had purchased the right to cut and carry away said timber from defendant, who claimed…
1Opinion of the CourtScott, Judge
There is no doubt that it is a general rule that all persons who order or procure a trespass to be committed, and indemnify others for doing it, or incite them to do it, may be sued as principals. The defendant, Ming, had no right to the timber, and he could confer no right to it on another. By the act of conveying the timber of the plaintiffs, the defendant asserted a right of control over it, and in receiving the money for the ties after they had been cut, he adopted the trespass as an act done for his own benefit. The principle has been frequently recognized, that any unlawful interference…
2Cases cited3 opinions
- Morgan v. VarickNew York Supreme Court · 1832
- Wall v. OsbornNew York Supreme Court · 1834
- Gale v. DavisSupreme Court of Missouri · 1842
3Cited by10 opinions
- Burns v. HorkanSupreme Court of Georgia · 1906
- Burch v. KingCourt of Appeals of Georgia · 1914
- Locklear v. . PaulSupreme Court of North Carolina · 1913
- Owens v. Branning Manufacturing Co.Supreme Court of North Carolina · 1915
- Blackberry, Ky. W. v. C. C. Co. v. K'ntl'd C. C.Court of Appeals of Kentucky (pre-1976) · 1928
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