Milltown Lumber Co. v. Carter
Court of Appeals of Georgia
Action for damages, from city court of Nashville — Judge Peeples. August 17, 1908. Carter sued the lumber company, alleging, that he was the owner of certain lots of land in Lowndes county; that he sold to one Gress all the pine timber suitable for sawmill purposes and measuring 15 inches or more in diameter at a point two feet above the-ground; that Gress transferred this lease to the defendant, and that under this authority, and no other, the defendant entered upon the…
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Action for damages, from city court of Nashville — Judge Peeples. August 17, 1908. Carter sued the lumber company, alleging, that he was the owner of certain lots of land in Lowndes county; that he sold to one Gress all the pine timber suitable for sawmill purposes and measuring 15 inches or more in diameter at a point two feet above the-ground; that Gress transferred this lease to the defendant, and that under this authority, and no other, the defendant entered upon the land and cut the timber, and, in violation of the terms of the lease, cut and carried awaj and manufactured into lumber a…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. A landowner whose standing timber has been cut and carried away by a trespasser has his election among a number of remedies for the redressing of the injury. There is, of course, the basis for an action of trespass quare clausum fregit, a remedy that redresses the wrong as an injury to the realty. However, the trees so soon as severed become personalty. The landowner does not lose title to them by their being cut and carried away, or by their being sold by the trespasser to third persons. Not only the trees and the logs cut therefrom are his, but they…
2Cases cited11 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Baker v. Wheeler & MartinNew York Supreme Court · 1832
- Western & Atlantic Railroad v. TateSupreme Court of Georgia · 1907
- Coody v. Gress Lumber Co.Supreme Court of Georgia · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Holcombe v. JonesSupreme Court of Georgia · 1944
- Livingston v. Epsten-Roberts Co.Court of Appeals of Georgia · 1934
- Lanier v. BurnetteCourt of Appeals of Georgia · 2000
- Laslie v. Gragg Lumber Co.Supreme Court of Georgia · 1937
- McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
40 more not listed; retrieve them via the Exa API.