Cloquet Lumber Co. v. Burns

Citations

• 207 F. 40
• 124 C.C.A. 600
• 1913 U.S. App. LEXIS 1600

Syllabus

<p>1. Replevin (§ 9*)—Possession of Plaintiff.</p> <p>Plaintiff being in the lawful possession of land and of trees standing thereon, the unlawful severance of the trees by defendant did not deprive plaintiff of possession of the logs made therefrom; but. when defendant removed them from the land it took them from his possession, as regards his right to maintain replevin therefor.</p> <p>[Ed. Note.—For other cases, see Replevin, Cent. Dig. §§ 69-82; Dec. Dig. § 9.*]</p> <p>2. Replevin (§ 8*)—Title—Timbee on Homestead—Rights Acquired Against Trespassers.</p> <p>Plaintiff, who had entered on land of the United States for the purpose of acquiring it under the homestead laws, as he had a right, and who had continuously occupied it as such homestead for nine years, when ■defendant, without right, cut down trees thereon, then had sufficient interest in the logs to enable him to maintain replevin then brought for ■the logs, and this though the land was unsurveyed, and though he had made no entry in the land office.</p> <p>[Ed. Note.—For other cases, see Replevin, Cent. Dig. §§ 45-08; Dee. Dig. § 8.*]</p> <p>3. Replevin (§ 8*) — Occupancy of Public Land — Rights Acquired by Plaintiff—Loss of Rights.</p> <p>Plaintiff’s right of action—complete when, after he had entered on land ■of the United States for the purpose of acquiring it under the homestead laws, as he had a right, and had continuously occupied it as such homestead for nine years, defendant, without right, cut down trees thereon—was not defeated by his subsequently acquiring title to the land from the government by the use of scrip, he, when applying to enter the land with scrip, not having abandoned it, but still insisting on his homestead right; the government, under these circumstances, having no right of action for the logs or their value.</p> <p>[Ed. Note.—For other cases, see Replevin, Cent. Dig. §§ 45-68; Dec. Dig. § 8.*]</p> <p>4. Replevin (§ 108*)—Damages—Willful Trespass.</p> <p>Whether or not defendant w