Schulenberg v. Harriman
Supreme Court of the United States
Error to the Circuit Court for the District of Minnesota. Sehulenberg and others brought replevin against H'arri* man for the possession of certain personal property, consisting of over sixteen hundred thousand feet of pine saw-logs, claimed by them, and alleged to be unlawfully detained from them by the defendant.
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Error to the Circuit Court for the District of Minnesota. Sehulenberg and others brought replevin against H'arri* man for the possession of certain personal property, consisting of over sixteen hundred thousand feet of pine saw-logs, claimed by them, and alleged to be unlawfully detained from them by the defendant. The logs thus claimed were cut on lake lands embraced in an act of Congress approved June 3d, 1856, entitled “An act granting public lauds to the State of Wisconsin to aid in the construction of railroads in said State.”* That act declares in its first section “ that there be, and…
1Opinion of the CourtJustice Field
The position of the plaintifl's, that under the stipulation of the parties and the pleadings no proof of title in the State to the logs in controversy was admissible, cannot be sustained. The complaint alleges property and right of pos session in the plaintiffs; the answer traverses directly these allegations, and under the issue thus formed any evidence was admissible on the part of the defendant which went to show that the plaintiffs had neither property nor right of possession. Evidence of title in the State would meet directly the averment, upon proof of which the plaintiffs could alone…
2Cited by230 opinions
- Stone v. United StatesSupreme Court of the United States · 1897
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- United States v. MinnesotaSupreme Court of the United States · 1926
- Wright v. RoseberrySupreme Court of the United States · 1887
- Van Wyck v. KnevalsSupreme Court of the United States · 1882
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