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United States Vs. Loughrey

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  • US Supreme Court
  • Dec 12, 1898

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68 entries 3 linked 65 unlinked
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  1. Moore Vs. Marsh US Supreme Court · Jan 01, 1868
  2. Fenn Vs. Holme US Supreme Court · Jan 01, 1858
  3. Schulenberg Vs. Harriman US Supreme Court · Jan 01, 1874
  4. U.S. 206 (1898) U.S. Supreme Court United States v. Loughrey
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  5. U.S. 206 (1898) United States v. Loughrey
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  6. Page 172 U. S. 210 1 Wash. Real Prop. 5th ed.e 95. As was said in De Peyster v. Michael
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  7. violation of its covenant that another person had stripped the lands of their timber. In the case of Schulenberg v. Harriman
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  8. Secretary of the Interior, no question arises with respect to the identity of the lands. The case of Schulenberg v. Harriman
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  9. Co. v. Cunningham
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  10. Indeed, the principle is too well settled to require the citation of authorities. The case of Schulenberg v. Harriman
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  11. Gardner v. Adams
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  12. Clark v. Wilson
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  13. Dibble v. Augur
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  14. Merriam v. Smith
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  15. May v. Juneau
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  16. Kaolatype Engraving Company v. Hoke
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  17. circumstances, an action for a trespass, such as the cutting of timber, will not lie in favor of the landlord. Greber v. Kleckner
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  18. Campbell v. Arnold
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  19. Tobey v. Webster
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  20. Cutts v. Spring
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  21. Lienow v. Ritchie
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  22. Ward v. Macauley
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  23. Revett v. Brown
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  24. Harper v. Charlesworth
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  25. Graham v. Peat
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  26. Lunt v. Brown
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  27. Although, as was said by Lord Kenyon in Ward v. Macauley
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  28. to be in the lawful possession of another by lease or similar contract, he cannot maintain trover for them. Smith v. Plomer
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  29. Wheeler v. Train
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  30. Gordon v. Harper
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  31. Ayer v. Bartlett
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  32. Fairbank v. Phelps
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  33. In Gordon v. Harper
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  34. no longer than while it was growing on the premises, and determined instantly when it was cut down. See also Mears v. London
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  35. Randall v. Cleaveland
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  36. Elliot v. Smith
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  37. on the part of the vendor for a breach of a condition subsequent. The same distinction was taken in Farrant v. Thompson
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  38. a part of the inheritance which the tenant had a right to use, but not to sever or remove. So, in United States v. Cook
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  39. and they may maintain an action for unlawful cutting and carrying it away. To the same effect is Wooden Ware Co. v. United
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  40. States, 106 U. S. 432 . In Wilson v. Hoffman
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  41. theory that the land has always been his, and that the defendant illegally obtained possession of it. See also Morgan v. Varick
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  42. Busch v. Nester
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  43. Mich. 525. In Moores v. Wait
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  44. the occupant. This was also upon the principle that the vendor had never parted with title to his land. But see Scott v. Wharton
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  45. Moses v. Johnson
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  46. Ala. 517. In Burnett v. Thompson
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  47. Halleck v. Mixer
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  48. the trespass was committed. We see nothing in them to disturb the doctrine announced by this Court in Schulenberg v. Harriman
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  49. of a reversion, a contingent remainder, which would be an insufficient basis for an action of trover. Gordon v. Lowther
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  50. Matthews v. Hudson
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