4 Cal. 184
Decided April 15, 1854
California Supreme Court · decided 1854-04-15
This was an action brought by the plaintiff, as assignee of a lease, or contract, giving the exclusive right and privilege for the space of ten years from date, to fell, saw or otherwise make use of all the timber standing on the rancho of the contracting party, in pursuance of which, the assignor of the plaintiff entered into and took possession of the rancho and built houses, cut timber, and commenced the erection of a mill.
Cited in Bouvier (1914)’s definition of “Troops”
Good law ✅— No negative treatment on recordhow we know
Decided 1854-04-15
Cited by 4 later decisions — most recently February 1913
4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1delivered the opinion of the Court.
¶2The 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.
¶3As 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.
¶4Judgment reversed with costs, and new trial ordered.