McFarland

McFarland v. Wendorf

Good Law
1 F.2d 850·1924 U.S. App. LEXIS 1905
United States Court of Appeals for the Ninth CircuitOctober 20, 1924No. 4266California1,046 words

Opinion

Lead Opinion

Rudkin, J.

On the 24th day of March, 1923, one La Sota executed a bill of sale, transferring to Wendorf & Rogers all the Idaho white pine logs cut by him and decked on Rocky Creek road, above Aladdin, in Stevens county, Wash. The bill of sale was accompanied by an agreement on the part of the vendor to convey the logs to his mill as rapidly as possible and convert them into lumber. At the time of the execution of the bill of sale the logs were piled along the roadway, each pile containing from 50 to 1,000 logs. Upon the execution of .the bill of sale the logs thus purchased were marked by direction of the purchasers. This was done by placing the initials of the purchasers, W. & R., on the ends of four, five, or more logs in each pile, with a crayon pencil. In some instances the initials were reversed, but this was later corrected, and some of the logs were more plainly marked. This was the customary way of marking logs in that vicinity to indicate ownership. The bill of sale was not recorded until May 24,1923. On August 8, 1923, La Sota filed a voluntary petition in bankruptcy, and thereafter the trustee in bankruptcy instituted the present suit against the purchasers to recover the property…

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