This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
One who enters upon land, not as an adverse claimant thereof but as a mere trespasser, and who severs something of value from the realty and converts it into personalty, may be held liable in assumpsit wherever he could have been held in assumpsit had the property thus converted been personalty originally.1 The title to land is in no way involved in such form of action. But if the acts of such trespasser amount to adverse possession, the question of title is involved and assumpsit will not lie.2 One whose property has been occupied by another, may recover therefor, even after conveying such property to a third person.3
13 Van Brunt v. Calder, 167 N. Y. 458; 60 N. E. 755.
14 P. P. Emory Mfg. Co. v. Rood, 182 Mass. 166; 65 N. E. 58.
15 Siems v. Bank, 7 S. D. 338; 64 N. W. 167.
16 Champlain Construction Co. v. O'Brien, 117 Fed. 271.
1 Phelps v. Church, 99 Fed. 683;
40 C. C. A. 72; Downs v. Finnegan,
58 Minn. 112; 49 Am. St. Rep. 488;
59 N. W. 981.
2 Downs v. Finnegan, 58 Minn. 112; 49 Am. St. Rep. 488; 59 N. W. 981.
3 Bowie v. Herring, 116 la. 209; 89 X. W. 976.