gno.law

Sampson v. Hammond

California Supreme Court · · 1854-04-15 · Published · 4 Cal. 184

FREDERICK SAMPSON v. JOHN HAMMOND, J. DE LA MONTAIGNE HENRY PLUME

Area
civil
Panel
William J. Murray, Jr. (author), Heydeneeldt

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Murray

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.