Hamilton v. Brent Lumber Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Mobile. Heard before the Hoh. Titos’ H. Smith. The bill in this ease was- filed by the Brent Lumber Company against the .appellant, A. J. Hamilton; and prayed for an injunction pendente lite, which was to be made permanent upon hearing, to'restrain the defendant, from cutting and removing timber from the lands described as the.N. |- of the S. E. J of section 7, township 4, range 4 east.
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Appeal from the Chancery Court of Mobile. Heard before the Hoh. Titos’ H. Smith. The bill in this ease was- filed by the Brent Lumber Company against the .appellant, A. J. Hamilton; and prayed for an injunction pendente lite, which was to be made permanent upon hearing, to'restrain the defendant, from cutting and removing timber from the lands described as the.N. |- of the S. E. J of section 7, township 4, range 4 east. It was averred in the bill that the lands were included in a grant- from the general government to the Mobile & Girard Railroad Company; that the lands upon which was the…
1Opinion of the Court
MoCLELLAN, C.
Bill filed by Brent Lumber Co. against Hamilton to. enjoin trespasses. Alleged ■trespasses consist in cutting and removing trees. Com-. plainant avers that it has title to the timber on certain lands. Respondent alleges that the timber belongs to him. Neither party assert any title to the land itself. The couxd tried the ease in recognition of this dispute as to the title in and to the timber interest and of its own want of jurisdiction to determine in which party the title resided. Thus proceeding, it found that the constructive possession of the inteiest in issue was in the…
2Cases cited3 opinions
- Ashurst v. McKenzieSupreme Court of Alabama · 1890
- Keller v. BullingtonSupreme Court of Alabama · 1893
- Bowling v. CrookSupreme Court of Alabama · 1893
3Cited by15 opinions
- Kelliher v. Stone & Webster, Inc.Court of Appeals for the Fifth Circuit · 1935
- Turner v. City of MobileSupreme Court of Alabama · 1902
- Tidwell v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1916
- Dean v. Coosa County Lumber Co.Supreme Court of Alabama · 1936
- Irwin v. ShoemakerSupreme Court of Alabama · 1920
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