Anderson v. Gouldberg
51 Minn. 294 · Supreme Court of Minnesota · 1892
Facts
The plaintiffs obtained possession of logs by trespassing upon the land of a third party. The defendants, who were strangers to the property and did not cut the logs from their own land, subsequently took these logs from the plaintiffs. The jury determined that the logs were not cut on the defendants' land.
Issue
Is bare possession of property, even if wrongfully obtained, sufficient title to enable the party enjoying it to maintain a replevin action against a mere stranger who takes it from them?
Holding
Yes, bare possession of property, even if wrongfully obtained, is sufficient title to maintain replevin against a mere stranger. The court affirmed the lower court's order.
Rule
Possession is good title against all the world except those having a better title. For a plaintiff to maintain replevin, their possession must be lawful only as against the person who deprived them of it. One who takes property from another's possession can only rebut this presumption by showing a superior title in themselves or by connecting themselves with one who has superior title. This rule prevents an endless series of unlawful seizures and reprisals.
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