Sampson v. Hammond
4 Cal. 184 | Cal. | 1854
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.