Burns v. Clark

SMITH, C.

Appeal from a judgment for the defendants and from an order denying the plaintiff’s motion for a new trial. The suit was brought for the conversion of certain gold and gold-bearing rock, of which, it is alleged in the complaint, the plaintiff was, on the day named, the “owner . . . and lawfully possessed,” and which, it is alleged, the defendants “wrongfully and unlawfully, and against the will of [plaintiff], took and carried away,” and “converted ... to their own use.”

The facts of the case, as found by the court, are, that the defendants Schoenfeld, Adler, and James, who were the…