ANDERSON V. GOULDBERG 51 Minn. 294, 53 N.W. 636 (1892) CASE BRIEF

ANDERSON V. GOULDBERG

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

NATURE OF THE CASE: This was an action to recover property. Appealed. Gouldberg (D) challenged an order, which entered a verdict for Anderson (P), the possessor of the property, and assessed his damages in an action to recover the possession of pine logs. The court denied denying D's motion for a new trial.

FACTS: Anderson (P) claimed to have cut logs from a certain piece of real property and to have hauled them to a mill. Gouldberg (D) acquired them from the mill. P did not own the property from which the logs were cut, and did not have any kind of agreement with the owner. D claimed that the logs were cut from property owned by a logging company, and that they took the logs at the direction of the company. The lower court found that, even if P was a trespasser on the land from which he claimed to have taken the logs, he would have good title as against all but the true owner. The question as to which piece of land the logs were taken from went to the jury, which found in P's favor. D appeals.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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