Sampson

Sampson v. Hammond

Good Law
4 Cal. 184
Supreme Court of CaliforniaApril 15, 1854California71 words

Lead Opinion

Murray, J.

delivered the opinion of the Court.

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.