Yellow Pine Lumber Co. v. Alabama State Land Co.
Supreme Court of Alabama
Appeal from Jackson Circuit Court. I-Tcarcl before Hon. W. W. Haralson. Action by the Alabama State Land Company against the Yellow Pine Lumber Company for conversion of lumber. Judgment for plaintiff, and defendant appeals. The facts seem to be that one Ferguson cut about 225,-000 feet of lumber from lands belonging to the plaintiff, and sold it to the defendant, and that at the time the suit was brought it was stacked in the mill yard of Ferguson.
Read the full summary
Appeal from Jackson Circuit Court. I-Tcarcl before Hon. W. W. Haralson. Action by the Alabama State Land Company against the Yellow Pine Lumber Company for conversion of lumber. Judgment for plaintiff, and defendant appeals. The facts seem to be that one Ferguson cut about 225,-000 feet of lumber from lands belonging to the plaintiff, and sold it to the defendant, and that at the time the suit was brought it was stacked in the mill yard of Ferguson. It seems that when Ferguson’s attention was called to the fact that he had gone over the line in cutting the timber he made an effort to purchase…
1Opinion of the CourtSimpson, J.
This action is by the appellee against the appellant, for the conversion of certain lumber. One Ferguson, whose employes had gotten over the line and taken some timber from the premises of the plaintiff, proposed to the agent of the plaintiff to buy the land, and paid to him the first purchase money; but the receipt shows that the money Avas received subject to the ratification by the proper authority of the company, and the evidence shoAvs that said corporation refused *80to ratify the sale. Ferguson continued to take timber from the lands of the plaintiff, converting it into lumber, and…
2Cases cited3 opinions
- Woods v. RoseSupreme Court of Alabama · 1902
- Milliken v. MaundSupreme Court of Alabama · 1895
- Craze v. Alabama State Land Co.Supreme Court of Alabama · 1908
3Cited by4 opinions
- American Railway Express Co. v. VoelkelTexas Commission of Appeals · 1923
- Bufford v. StateAlabama Court of Appeals · 1916
- First Nat. Bank of Gadsden v. MeeksSupreme Court of Alabama · 1922
- Henry v. State Ex Rel. HartsfieldSupreme Court of Alabama · 1928