West Yellow Pine Co. v. Stephens

Citations

• 80 Fla. 298

Syllabus

<p>1. It is not error for the trial court in a suit for conversion of logs to permit plaintiff over objection of defendant to ask on direct examination as to what the market price of standing timber was at the time of the alleged conversion, and especially where it is shown that the questions and answers immediately following tend to indicate what the value of the logs made from the said standing timber would he at the time of conversion.</p> <p>2. Where trees are unlawfully but not wilfully cut, and the cut timber, a chattel, is converted, the measure of recovery in trover is the value of the timber at the time and place of conversion, with interest, and there should be no deductions for labor performed upon the timber anterior to the time that the conversion was consummated by actual removal from owner’s land.</p> <p>3. Where there is a taking of chattels with intent to exercise over them an ownership inconsistent with the real owner’s right of possession, there is a conversion.</p> <p>4. The essential elements of a conversion is a wrongful deprivation of property to the owner; neither manucaption nor asportation is an essential element thereof.</p>