United States v. Lane
| Decision Date | 27 December 1883 |
| Citation | 19 F. 910 |
| Parties | UNITED STATES v. LANE. |
| Court | U.S. District Court — Eastern District of Wisconsin |
G. W Hazelton, for the United States.
James Freeman, for defendant.
DYER J., (charging jury.)
This is an action of replevin to recover a quantity of timber claimed by the government to have been illegally cut by the defendant from certain lands in Langlade county in this state. The claim of the plaintiff is that the defendant cut 152 pine trees standing on this land amounting to 156,851 feet. It seems that in March, 1882, the defendant made an entry of the lands mentioned, being a quarter section, as and for a homestead under the laws of the United States, as every person who is the head of a family, and a citizen of the United States, is entitled to do. There is testimony tending to show that he went into occupancy of the premises, and it does not seem to be disputed that in the winter of 1882-83 he cut from the land a quantity of pine timber growing thereon. The controversy between the parties is concerning his right to cut this timber and the quantity he cut. It is permissible for any such land claimant, provided he is living on the land and improving it for agricultural purposes, to cut and remove from the portion thereof to be cleared for cultivation so much timber as is actually necessary for that purpose, or for buildings, fences, and other improvements on the land entered. This he has a lawful right to do. But where the person does not make the land his actual residence, and cultivate and improve it, or where the timber is not cut for the purpose of clearing and improving the land for agricultural purposes, or where the facts show that the entry was not made in good faith, but for the mere purpose of stripping the land of the valuable timber upon it, the case is one in which the cutting is unlawful. In clearing for cultivation, should there be a surplus of timber over what is needed for purposes of improvement, the claimant may lawfully sell or dispose of such surplus; but it is not lawful for him to strip the lands of its timber for the sole purpose of sale or speculation, until he has made final proof and acquired title.
These are the principles of law governing this case, and, as you perceive, the primary question here is, did the defendant cut this timber for agricultural purposes; that is, in good faith, for the purpose of improving the land? What was his object? Was it to clear the...
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Northern Pac. R. Co. v. Lewis
... 51 F. 658 NORTHERN PAC. R. CO. v. LEWIS et al. United States Court of Appeals, Ninth Circuit. July 18, 1892 ... In ... order to maintain this ... Lumber Co., 21 Minn ... 491; U.S. v. Ball, 31 F. 667; U.S. v. Lane, ... 19 F. 910; U.S. v. Williams, 18 F. 475; Timber ... Cases, 11 F. 81; Bly v. U.S., 4 Dill ... ...
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