Webb v. Phillips
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. This was an action of replevin, begun by William E. Webb, the plaintiff in. error, to recover the possession of a large number of logs lying in and about the mouth of Contrary creek, a stream running into the Kentucky river.
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In Error to the Circuit Court of the United States for the District of Kentucky. This was an action of replevin, begun by William E. Webb, the plaintiff in. error, to recover the possession of a large number of logs lying in and about the mouth of Contrary creek, a stream running into the Kentucky river. The suit was begun by petition according to tbe practice in the courts of Kentucky, wherein the plaintiff alleged that he was the owner and entitled to the possession of the said logs, and that defendants had possession thereof, and. wrongfully detained the same. The defendants were Thomas…
1Opinion of the CourtBurton, Circuit Judge
To entitle the plaintiff to recover the logs in question from the defendants, it was essential for him to show either a general property, or a right to their possession. Plaintiff sought to show title .and right of possession by evidence of title to the lands from which they had been severed by defendants without his consent. While the timber stood on the land, it was part of the realty. When severed, its character was changed, for it became personalty; but the title was not changed if the severance was wrongful, for it continued to be the property of the owner of the land, and could be taken…
2Cases cited11 opinions
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Maxwell Land Grant Co. v. DawsonSupreme Court of the United States · 1894
- Hawkins v. Barney's LesseeSupreme Court of the United States · 1831
- Kelly v. McKibbenCalifornia Supreme Court · 1880
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
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3Cited by3 opinions
- Hill v. BarnerCalifornia Court of Appeal · 1908
- Crawford v. MeadowsCalifornia Court of Appeal · 1921
- Davis v. Commonwealth Land & Lumber Co.U.S. Circuit Court for the District of Kentucky · 1904