Tuesday, October 25, 2011

Anderson v. Gouldberg case brief

Anderson v. Gouldberg case summary

-The plaintiff claimed to have cut logs in 1889-1890, while trespassing (title to the section was in ‘strangers’), then hauled them to another section which was owned by Ann River Logging Company, where the defenants took them (by direction of the owners of that section).
-Logs in question were not cut upon the land of the defendants and consequently, they were "entire strangers to the property."

Is bare possession of property, though wrongfully obtained, sufficient title to enable the party enjoying it to maintain replevin against a mere stranger, who takes it from him?


“To maintain repliven, P’s possession must be lawful”
-Lawful means that it must be lawful against the person who deprived him from it; possession is good title against all the world except those having a better title.

-One who takes property from the possession of another can only rebut presumption by showing a superior title in himself, or in some way connecting himself with one who has.

-Affirmed, verdict entered for the plaintiff.

Another dispute was analyzed: Russel v. Hill:
-In Russel, logs were wrongfully taken by A, taken wrongfully from A by B, court permitted B to defeat an action in trover by A by showing that the true owner of the logs was C.

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