Edward Douglass White

“ Indeed, it seems to me that, in reason, it is impossible to deny the right of the true owner to recover the timber, without involving the mind in irreconcilable propositions, and, in addition, making use of a complete non sequitur, that is to say First, that there was no trust, and yet that rights existed which could only arise by reason of a trust ”

“ With this doctrine thus settled by this court in opinions which are now approvingly cited, is it yet to be held that if the occupant under a void grant from the state, before forfeiture, denuded the land of all its timber,-that is, of one of its material incidents,-the land might be recovered by the United States from the trespasser, but not the timber or its value? I submit that, upon general considerations, as between the wrongdoer and the cestui que trust, the better right is in the latter; that such right can be enforced ”

“ An administrator has likewise been held, by relation, to have such constructive right of possession in the goods of the intestate before grant of letters as to be entitled to maintain an action of trespass. ”

“ Relation is a fiction of law, adopted solely for the purposes of justice (Gibson v. Chouteau, 13 Wall. 100) , and by it one who equitably should be so entitled is enabled to assert a remedy for an injury suffered, which otherwise would go unredressed. The doctrine is considered at much length in Butler v. ”