Sampson v. Hammond

California Supreme Court

Sampson v. Hammond

4 Cal. 184

California Supreme Court·Decided April 15, 1854·Published·Cited by 6 cases

Opinion

Mi Ch. J. Murray

delivered the opinion of the Court.

Mr. J. Heydeneeldt concurred.

The Court below erred in nonsuiting the plaintiff, on the ground that he could not maintain an action for timber, unless the same was cut or felled by himself.

As soon as the logs were cut, they became the property of the plaintiff, by virtue of his lease, and the action of trover was the proper remedy.

Judgment reversed with costs, and new trial ordered.

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Mi Ch. J. Murray

delivered the opinion of the Court.

Mr. J. Heydeneeldt concurred.

The Court below erred in nonsuiting the plaintiff, on the ground that he could not maintain an action for timber, unless the same was cut or felled by himself.

As soon as the logs were cut, they became the property of the plaintiff, by virtue of his lease, and the action of trover was the proper remedy.

Judgment reversed with costs, and new trial ordered.

Sampson v. Hammond, 4 Cal. 184 (Cal. 1854).

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