F. Acquiring Fruits: Cases 102–104

Chapter 3: Acquiring Ownership and Losing Ownership

Cases 102–104. The issue of fruits and its connection with good faith is also relevant to the measure of damages where property has been wrongfully lost or destroyed: See Cases 125–128.

Discussion Question:
  1. Note that in Cases 102–103 the severance of fruits by the defendant took place prior to an eviction.  What would happen at common law where there is an ejectment action against a good faith adverse possessor who has taken profits from the contested property?  Does it matter if the severed fruits are still on the premises, or have been removed? See, e.g., Wilson v. Hoffman, 52 N.W. 1037 (1892).

Chapter 3: Introduction | A. Cases 67–71 | B. Cases 72–93
C. Cases 94–96 | D. Cases 97–98 | E. Cases 99–101
F. Cases 102–104 | G. Cases 105–119 | H. Case 120

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