Henry Billings Brown

Name: United States v. Loughrey — Opinion of the Court
Author: Henry Billings Brown

United States v. Loughrey — Opinion of the Court

Summary

“United States v. Loughrey — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as the United States, timber and trover.

Quotes from United States v. Loughrey — Opinion of the Court (Henry Billings Brown)

Henry Billings Brown, United States v. Loughrey — Opinion of the Court

“ We know of no principle of law under which it can be said that timber which was the property of the state when cut becomes the property of the United States by an act of congress resuming title to the land from which it was cut, although the timber may in the meantime have been removed hundreds of miles from the lands, and passed into the hands of one who knew nothing of the source from which it was derived. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, United States v. Loughrey — Opinion of the Court

“ So, where a landowner intrusts another with the possession of his lands, either by lease, by contract to sell, or otherwise, the right of action for trespasses committed during such tenancy belongs to the latter, and, except under special circumstances, an action for a trespass, such as the cutting of timber, will not lie in favor of the landlord. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, United States v. Loughrey — Opinion of the Court

“ It was held that he had a right to enter and enjoy the land for agricultural purposes, but that he had no right to cut timber for any other purpose than for the cultivation, improvement, and enjoyment of the land as a farm, and that the owner of the inheritance, who had never parted with his title, might maintain an action of trover for it against any one in possession, although a bona fide purchaser under the occupant. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, United States v. Loughrey — Opinion of the Court

“ Several of these are to the effect that if a man leases an estate for a term of years, and the tenant unlawfully cuts timber, the lessor may sue in trespass, and perhaps in trover, upon the ground that the title to the land remains in the lessor during the pendency of the lease. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, United States v. Loughrey — Opinion of the Court

“ It follows that the United States, having no title to the lands at the time of the trespass, and no right to the possession of the timber, are in no position to maintain this suit. Neither a deed of land nor an assignment of a patent for an invention carries with it a right of action for prior trespasses or infringements. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, United States v. Loughrey — Opinion of the Court

“ This is but another application of the doctrine which allows the plaintiff in ejectment to recover mesne profits upon the theory that the land has always been his, and that the defendant illegally obtained possession of it. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, United States v. Loughrey — Opinion of the Court

“ Nor are the plaintiffs entitled to avail themselves of the rule that in an action of trover a mere trespasser cannot defeat the plaintiff's right to possession by showing a superior title in a third person without showing himself in privity or connecting himself with such third person. ”

[↩︎]

Source: Wikisource

Henry Billings Brown, United States v. Loughrey — Opinion of the Court

“ The same law, if the feoffee or lessee or the second disseisor sows the land, or cuts down trees or grass, and severs and carries away or sells them to another, yet, after the regress of the disseisee, he may take as well the corn as the trees and grass to what place soever they are carried ”

Henry Billings Brown

Summary

Quotes from United States v. Loughrey — Opinion of the Court (Henry Billings Brown)

Common terms

Similar works

Get perspective with Kwize: daily news enlightened by great literature