Smith v. Collier
Supreme Court of Alabama
Appeal from Circuit Court,' Elmore County; B. K. McMorris, Judge. Action by J. H. Collier and others, as trustees of the Carolina Methodist Episcopal Church South, against John A. Smith, Sr., Rufus Gilliland, and Mack Gilliland. From a judgment for plaintiffs, defendants appeal.
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Appeal from Circuit Court,' Elmore County; B. K. McMorris, Judge. Action by J. H. Collier and others, as trustees of the Carolina Methodist Episcopal Church South, against John A. Smith, Sr., Rufus Gilliland, and Mack Gilliland. From a judgment for plaintiffs, defendants appeal. When the original possession by the holder of land is in privity with title of the rightful owner, in order to enable such holder, to avail himself of the statute of limitations, nothing short of an open and explicit disavowal and disclaimer of holding under that title, and assertion of title in himself brought home…
1Opinion of the CourtMiller, J.
This is a suit by J. H. Collier and others 'as trustee's of the Carolina Methodist Episcopal Church South against John A. Smith, Sr., and others; the several counts of the complaint claiming damages for willfully and knowingly, without their consent, cutting 40 trees or saplings on land owned by plaintiffs, for damages for cutting trees on their land, for damages for trespassing on the land and removing trees therefrom, and for converting the trees.
The jury returned a verdict in favor of plaintiffs, assessed their damages at $1, and the court rendered judgment thereon in favor of plaintiffs…
2Cases cited9 opinions
- City of Birmingham v. HawkinsSupreme Court of Alabama · 1916
- Louisville N. R. Co. v. ShikleSupreme Court of Alabama · 1921
- Oliver v. KinneySupreme Court of Alabama · 1911
- Peebles v. WeirSupreme Court of Alabama · 1877
- Seaboard Air Line Ry. v. BanksSupreme Court of Alabama · 1921
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3Cited by13 opinions
- Birwood Paper Company v. DamskySupreme Court of Alabama · 1969
- Dollar v. McKinneySupreme Court of Alabama · 1958
- White v. WilliamsSupreme Court of Alabama · 1954
- Personnel Board of Mobile County v. City of MobileSupreme Court of Alabama · 1955
- State Ex Rel. Lynne v. GurleySupreme Court of Alabama · 1928
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