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Anderson v. Gouldberg

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.51 Minn. 294, 53 N.W. 636 (1892)

Brief Fact Summary. Plaintiff cut logs without authority on land which was not his and then took the logs to a mill where Defendants (who were strangers) obtained the logs.

Synopsis of Rule of Law. Possession of property, even when not rightful, is good against all persons except for the rightful owner.


Facts. Plaintiff Anderson cut 93 pine logs on land, Section 22, that was not his and then took the logs to a mill on Section 6 where Defendants Gouldberg & Anderson took the logs. Defendants did not own Section 22, but instead claimed that the logs were cut from Section 26 and taken with the permission of the Ann River Logging Company, the owner of Section 26. The lower court charged the jury that even if Plaintiff got the logs through trespass he still, by his possession, maintained good title against all except the rightful owner. The jury found for the Plaintiff and assessed damages of $153.45. Defendants appeal from the lower court’s order denying a new trial.

Issue. Does the bare possession of property, though wrongfully obtained, enable the possessor to establish title sufficient to maintain an action in replevin against a stranger who takes the property from him?

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