Gissel v. State
Idaho Supreme Court
727 P.2d 1153 (1986)
The Gissels (plaintiffs) were caught harvesting rice on land jointly owned by Idaho and the National Forest Service, and after a valid search warrant, state officers seized 180 bags of rice from Lester's home; the Gissels were convicted of trespass, and the rice was sold before trial. The Gissels sought the sale proceeds from the state, which denied liability, prompting a lawsuit alleging negligent seizure, disposal, and failure to account for the proceeds; the district court awarded the Gissels the $10,500 in proceeds traceable to the federally owned portion of the land (finding the state had wrongfully converted those proceeds) but denied recovery for proceeds from the state-owned portion, and the state appealed.
Whether a trespasser in possession of land who alleges conversion of property harvested from that land prevails against a party other than the true owner, even though a third party actually holds superior title to the land.