Hickey v. Rutledge

This is replevin brought by a purchaser of State tax land against a State trespass agent for ties cut from such land while the title remained in the State. The ties were cut by plaintiff, who entered before purchase. The contention of the defendant was that, upon a severance, the timber became personal property, belonging to the State, and that, as a consequence, the subsequent sale to the plaintiff of the State’s title to the land did not vest in the plaintiff title to the severed timber. The ‘circuit court held otherwise.

The regularity of the proceedings' by which the title to the land in…