Heard v. James
Mississippi Supreme Court
Error to the circuit court of Hinds county. Hon. Georse F. Brown, Judge. This was an action of replevin brought by James agai nst plaintiffs in error, for the recovery of a large lot of staves, about four thousand in number, or the value of said staves. • After the levy of the writ, Heard & Harrell, gave a re-plevin bond, in the penalty of $500, double the value of the staves, as estimated in the retu/n of this sheriff, and the property was thereupon delivered to them1. The…
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Error to the circuit court of Hinds county. Hon. Georse F. Brown, Judge. This was an action of replevin brought by James agai nst plaintiffs in error, for the recovery of a large lot of staves, about four thousand in number, or the value of said staves. • After the levy of the writ, Heard & Harrell, gave a re-plevin bond, in the penalty of $500, double the value of the staves, as estimated in the retu/n of this sheriff, and the property was thereupon delivered to them1. The defendants,, to .the .declaration,, pleaded.the general issue. On the trial the following evidence in substance was…
1Opinion of the CourtSimeall, J.
It is not controverted that James, the plaintiff, was owner of the land, and of the trees, which were cut down by-the defendants or their servants, and by their order converted into staves. The severance' of the trees from the freehold, made them personalty; ana working them up into staves, did not prejudice the right of the^owner to pursue *245them into the new form. Harris v. Newman, 5 How. R. 658. He might waive trespass, and sue in “ trover,” for uH conversion, or he might bring replevin for the staves! Brown v. Sax, 7 Cowen, 95 ; 5 John, 348 ; Wingate v. Smith 20 Me. Rep., 287 ; Harris v.…
2Cited by19 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- White v. YawkeySupreme Court of Alabama · 1895
- Masonite Corp. v. WilliamsonMississippi Supreme Court · 1981
- Winchester v. CraigMichigan Supreme Court · 1876
- Bailey v. HaydenWashington Supreme Court · 1911
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