Moret v. Mason
Michigan Supreme Court
Error to Charlevoix; Corbett, J. Trover by Josephine Moret against Albert E. Mason for the conversion of certain logs and hemlock bark out from lands alleged to belong to plaintiff. Defendant claimed under a tax deed. Among other things, the court instructed the jury as follows: “You are instructed that, in actions of trover for timber taken from lands by a trespasser, the measure of damages depends upon whether the trespass is willful and negligent, or the contrary.
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Error to Charlevoix; Corbett, J. Trover by Josephine Moret against Albert E. Mason for the conversion of certain logs and hemlock bark out from lands alleged to belong to plaintiff. Defendant claimed under a tax deed. Among other things, the court instructed the jury as follows: “You are instructed that, in actions of trover for timber taken from lands by a trespasser, the measure of damages depends upon whether the trespass is willful and negligent, or the contrary. Our highest court has held that a void tax title does not tend to show that a person acting under it does so in good faith, but…
1Opinion of the CourtMcGrath, C. J.
This is trover for timber cut from unoccupied lands. Defense, a tax title in defendant, and a tax title held by a third party. The court held both tax deeds void, and plaintiff had judgment.
It is urged that- the action does not lie against one in possession. Clearly, under the evidence, the possession was but a fugitive possession, and for the purpose only of cutting the timber. The question is ruled by Cook v. Cook, 106 Mich. 164. The constructive possession was in plaintiff. The court having declared the tax deeds void, there were no conflicting titles for the jury to try. Busch v. Nester,…
2Cases cited4 opinions
- Winchester v. CraigMichigan Supreme Court · 1876
- Grant v. SmithMichigan Supreme Court · 1872
- Busch v. NesterMichigan Supreme Court · 1888
- Cook v. CookMichigan Supreme Court · 1895
3Cited by4 opinions
- Arizona Commercial Mining Co. v. Iron Cap Copper Co.Massachusetts Supreme Judicial Court · 1920
- Embrey v. WeissmanMichigan Court of Appeals · 1977
- Grant v. FletcherDistrict Court, E.D. Michigan · 1922
- Johnson v. C. & N. W. Sand & Gravel Co.Court of Appeals for the Seventh Circuit · 1897