Turley v. Tucker
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. 1st. The circuit court erred in refusing to give instructions 1, 2, 6, 7, 8, 9, 10, as required by defendant, and in giving the instructions asked by plaintiff. 2nd.
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Appeal from Ste. Genevieve Circuit Court. 1st. The circuit court erred in refusing to give instructions 1, 2, 6, 7, 8, 9, 10, as required by defendant, and in giving the instructions asked by plaintiff. 2nd. That the appellees were trespassers, and cut the timber in the declaration mentioned on the land of the United States, without any view to settlement, cultivation, or obtaining an interest therein, and as such trespassers acquire neither in virtue of public policy, nor law, a general or special property in the timber cut so as to enable them to.maintain the above action. 3rd. That the…
1Opinion of the Court
Opinion of the Court by
Napton Judge.
The Turleys sued Tucker in an action of trover, and had a judgment for three hundred and seventy five dollars. On the trial the following facts appeared: The plaintiffs were owners of a saw mill, and in the spring of 1837 employed some ten or twelve hands to cut down trees in a pinery about three miles from their mill, and within a half a mile of the saw mill, belonging to Tucker.
*585The hands employed cut down twelve or fourteen hundred trees, cutoff the tops, and marked them in convenient lengths for stocks. The Turleys hauled away some of the logs, but…
2Cited by12 opinions
- Northern Pac. R. Co. v. LewisCourt of Appeals for the Ninth Circuit · 1892
- Missouri, Kansas & Texas Railway Co. v. StarrCourt of Appeals of Texas · 1899
- Brown v. CunninghamSupreme Court of Iowa · 1891
- Murphy v. S. C. & P. R.Supreme Court of Iowa · 1881
- Gale v. DavisSupreme Court of Missouri · 1842
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