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Rexroth v. Coon, 15 R.I. 35, 23 A. 37, 2 Am.St.Rep. 863

Facts

Philip Rexroth placed a bee-hive on land owned by Samuel Green without permission. In September 1883, Herbert Coon took the hive and its contents, claiming he had permission from Green to be on the property. Rexroth had visited the hive infrequently and had never received notice to keep off the land. The court found that Rexroth was a trespasser and therefore could not claim ownership of the bees or honey.

In May, 1881, the plaintiff placed a small pine box, called a “bee–hive,” in the crotch of a tree in the woods on land of Samuel Green, in the town of Hopkinton. It remained in this position until about the 1st of September, 1883, when the defendant went upon the premises and took and carried away the hive, together with a swarm of bees that was then in it, also the honey and honeycomb, and appropriated the same to his own use.

Issue

Whether the ruling that the plaintiff was not entitled to recover for the wrongful conversion of the hive of bees was correct.

The only question, therefore, is whether said ruling was correct.

Rule

In order to recover in trover, a plaintiff must prove title or some title in himself, coupled with possession or the right of immediate possession. A mere trespasser cannot create title to property that is feræ naturæ.

In order to recover, the plaintiff must prove title, some title, in himself, coupled with possession or the right of immediate possession.

Analysis

The court applied the rule by determining that Rexroth, as a trespasser, had no legal claim to the bees or the hive. The court emphasized that the act of reducing feræ naturæ into possession must not be wrongful, and since Rexroth had no permission to place the hive on Green's land, he could not establish ownership or a right to recover.

The court ruled that the plaintiff was a trespasser upon the land of Green from the beginning. He had no right to place the box or hive in the tree, and by placing it there he acquired no title to the bees which subsequently occupied it, or to the honey which they produced.

Conclusion

The court affirmed the judgment for the defendant, ruling that the plaintiff was not entitled to recover due to his status as a trespasser.

The court ruled that the plaintiff was not entitled to recover, and rendered judgment for the defendant for his costs, to which ruling the plaintiff duly excepted.

Who won?

Herbert Coon prevailed in the case because the court found that Philip Rexroth, as a trespasser, had no legal claim to the bees or the hive.

The court ruled that the plaintiff was not entitled to recover, and rendered judgment for the defendant for his costs.

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