238 THE FLOTATION OF TIMBER 



at the office of a town, county, or state official. 1 The 

 later laws of this nature provide also for the recording of 

 each transfer of title in marked logs and impose a distinct 

 legal disadvantage upon one who claims to own logs that 

 are not marked or that bear an unrecorded mark. 2 It has 

 been held that the requirements of such a law as to the 

 recordation of a conveyance referred to the transfer of the 

 marked logs and not to the transfer of the mark itself; 3 

 and that laws of this character were not applicable to trans- 

 fers of standing timber. 4 Provisions in such laws that 

 no sale or transfer of logs shall be legal unless properly re- 

 corded will not be construed so as to defeat the rights of the 

 real owner to the advantage of a mere stranger or tres- 

 passer, 5 nor will they be held to apply to logs on the land 

 and in the actual possession of the true owner. 6 The mere 

 fact that one claiming logs has recorded the mark thereon 

 is prima facie evidence of the ownership of the logs. 7 Evi- 

 dence as to an unrecorded mark is admissible, 8 but parol 

 evidence in explanation of a mark has been held inadmis- 

 sible. 9 



158. Criminal Interference with Floating Timber. 



In most states the careless or fraudulent obliteration or 

 modification of the marks on floating or stranded timber 



1. See Statutes under Note 1, page 234. See also Murray v. Boyd, 165 Ky. 625, 



177 8. W. 468; Burris v. Stepp, 162 Ky. 269, 172 S. W. 526; Bennett v. Co., 

 133 Ky. 452, 118 S. W. 332; Whitman v. Lifting Etc. Co., 152 Mich. 645, 

 116 N. W. 614. 20 L. R. A. N. S. p84; Weiler v. Coleman, 71 Pa. St. 346; 

 Smith v. Haines. 7 Phila. (Pa.) 188; Cook v. Van Home, 76 Wis. 520. 

 See Astell v. McCuish, 110 Minn. 61, 124 N. W. 458, for interpretation of statute 

 providing that unmarked floating logs become property of one placing recorded 

 mark on them. 



2. Cook v. Van Home, 76 Wis. 520, 44 N. W. 767; See Iowa Code 1897, sec. 4836 



Fla. Comp. L., 1914, Sec. 2548. (Mark on logs evidence of ownership). 



3. McCutchin v. Platt, 22 Wis. 561. 



4. Wing v. Thompson, 78 Wis. 256; Bunn v. Valley Lbr. Co. 51 Wis. 376; Cadle 



v. McLean, 48 Wis. 63'J. 



5. Gaslin v. Bridgman, 26 Minn. 442, 4 N. W. 1111; Lovejoy v. Itasca Lbr. Co 



46 Minn. 216. 



6. Lbr. Co. v. Dam Co. 115 Minn. 484, 132 N. W. 1126; Stanchfleld v. Sartell, 35 



Minn. 429, 29 N. W. 145; Plummer v. Mold, 14 Minn. 532. 



Cf. Timber Co. v. Lbr. Co. 117 Minn. 355, 135 N. W. 1132, (Unmarked logs being 

 driven by another not abandoned.). 



7. Watson v. Tie Co. 148 Mich. 675, 116 N. W. 614, 20 L. R. A. N. S. 984; Sey- 



mour v. Bruske, 140 Mich. 244, 103 N. W. 613, 104 N. W. 691; Fox v. Ellison, 

 43 Mich. 41, 44 N. W. 671; Weiler v. Coleman, 71 Pa. St. 346; Long v. David- 

 son, 77 Wis. 509, 46, N. W. 805. 



8. St. Paul Boom Co. v Kemp, 125 Wis. 138, 103 N. W. 259. 



9. Stuart v. Morrison, 67 Me. 549. 



