Anderson v. Gouldberg

Supreme Court of Minnesota · 1892 · Property

Propertypossessionrelativity of titlelogsprior possessorreplevinpossessionprior possessor

Facts

The jury verdict established that the disputed logs were not cut on the defendants' land, so the defendants were complete strangers to the property. For purposes of appeal, the court also assumed that the plaintiffs originally obtained possession of the logs by trespassing on the land of a third party. The defendants then took the logs from the plaintiffs' possession. The dispute was whether the plaintiffs could maintain replevin based solely on that prior possession.

Issue

Is bare possession of personal property, though wrongfully obtained, sufficient title to allow the possessor to maintain replevin against a mere stranger who takes the property from him?

Rule

Possession is good title against all the world except those having a better title. A person who takes property from another's possession may rebut the presumption arising from possession only by showing a superior title in himself or by connecting himself with someone who has such superior title; therefore, one who has acquired possession, whether by finding, bailment, or mere tort, may retain it against a mere wrongdoer who is a stranger to the property.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Duluth, Nina Flores took possession of a stack of copper pipes after entering a fenced construction yard without permission. Two days later, Owen Pike, who had no claim to the pipes and no relationship to the yard owner, loaded the pipes into his truck and drove away.

If Nina brings replevin against Owen, who should prevail?

Explanation. The majority rule is that possession is good title against all the world except those having a better title. Even possession acquired by mere tort is sufficient against a mere wrongdoer who is a stranger to the property. Owen cannot defeat Nina merely by pointing out that Nina first obtained the pipes wrongfully; he must show superior title in himself or connect himself to someone who has it.