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The United States (P) sued in trover for 242 cords of ash timber that was cut and removed from public lands of the Oneida tribe of Indians in Wisconsin. The timber was knowingly and wrongfully taken by the Indians and carried to Depere and sold to Wooden Ware Co. (D). The timber was worth $60.71 where it was cut but was worth $850 in the town of Depere. The circuit judge ruled that the $850 was the measure of liability and ruled against D for that amount. D appealed.

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