George W. Wright & Co. v. Skinner

Citations

• 34 Fla. 453

Syllabus

<p>TROVER — DAMAGES—INTERMINGLING 03? GOODS.</p> <p>1. In actions of trover for the wrongful conversion of property, where the trespass is the result of inadvertence or mistake, and the wrong was not intentional, the value of the property at the time and place of its conversion must govern the admeasurement of damage.</p> <p>á. Where the property converted consists of logs taken from another’s land, the conversion does not become complete until they are actually removed from the land of the owner ; they continue, in contemplation of law, to be in the possession of the owner of the land until actually removed therefrom,'</p> <p>8. Where the plaintiff in an action of trover, for timber cut and' carried away from his land, recovers damages, the rule for-assessing them against the defendant is : (1) where he is a wilful trespasser, the full value of the property at the time- and place of demand, or of suit brought, with no deduction for the defendant’s labor and expense bestowed thereon; (2) where he is an unintentional or mistaken trespasser, or an innocent vendee from such mistaken trespasser, the value at the time and place of its first conversion; (8) where he is a. purchaser without notice of wrong from a wilful trespasser,, the value at the time and place of such purchase.</p> <p>4. Where the trespasser is an unintentional or innocently mistaken one, there should not be any deduction in his favor from the-value of the property at the time and place of conversion for the cost of any value-enhancing labor bestowed thereon anterior to the time that the conversion becomes complete by actual removal from the owner’s'possession.</p> <p>5. In order to justify a forfeiture of goods because of an inter. mingling thereof with the goods of another, two things must' concur : (1) the party whose goods are claimed to be forfeited must have fraudulently and wilfully caused the confusion? and, (2), the rights of the other party after the confusion must he incapable otherwise of c