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Isle Royal Mining Co. v. Hertin | 26 Am.Rep. 520 (1877)

Generally, under the doctrine of accession, a person who transforms the identity of another person’s personal property into something substantially different may be allowed to acquire title to the property. But what if the person who transforms the property is an innocent trespasser on another’s land? Will that person still be entitled to ownership of the property? The Michigan Supreme Court considered this question in the case Isle Royal Mining Company versus Hertin.

John and Michael Hertin owned a plot of land in Northern Michigan. At the same time, the Isle Royal Mining Company owned a tract of land next to the Hertins’ land.

Between eighteen seventy-three and eighteen seventy-four, the Hertins accidentally trespassed onto the mining company’s land, cut down some of its trees, and split the timber into firewood. The Hertins then stacked the firewood on the shore of a nearby lake on their land.

During the spring of eighteen seventy-four, the mining company discovered that the firewood stacked on the Hertins’ land was cut from their trees and took possession of it.

The firewood was worth two dollars and eighty-seven cents per half cord, and the Hertins’ labor for cutting and stacking it was worth one dollar and eighty-seven cents per half cord.

Subsequently, the Hertins sued the mining company in state circuit court for trover, that is, to recover the property, or its value, at the time of appropriation.

At trial, the judge instructed the jury that if it found the Hertins cut the wood by mistake and in good faith, they were entitled to the reasonable cost of cutting, hauling, and stacking the wood.

The jury then found in favor of the Hertins. The mining company appealed to the Michigan Supreme Court.

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