WETHERBEE V. GREEN 22 Mich. 311, 7 Am.Rep. 653 (1871) CASE BRIEF

WETHERBEE V. GREEN
22 Mich. 311, 7 Am.Rep. 653 (1871)
NATURE OF THE CASE: This was an action in replevin. Appealed. Wetherbee (D), manufacturer, challenged the judgment that entered the jury's verdict in favor of Green (P), landowner and creditors, in their action of replevin for hoops that were manufactured from the timber sold by the tenant in common.
FACTS: Wetherbee (D) took timber from Green's (P) land, and made it into hoops. P sued for replevin and won. D appealed, claiming that P could not replevy the hoops because D took the timber in good faith, since he did so with permission of another whom he believed had authority to give permission, and because, through his own efforts, he had converted the timber into chattel much more valuable than the timber.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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