C. W. Zimmerman Mnfg. Co. v. Daffin
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before Hon. S. H. Sprott. Action by William W. Daffin against the C. W. Zimmerman Manufacturing Company. From a judgment in favor of plaintiff, defendant appeals. The following charges were refused to defendant: Charge 1: “The court charges the jury that under the deed introduced in evidence the title to the timber has never reverted to the plaintiff.”
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Appeal from Clarke Circuit Court. Heard before Hon. S. H. Sprott. Action by William W. Daffin against the C. W. Zimmerman Manufacturing Company. From a judgment in favor of plaintiff, defendant appeals. The following charges were refused to defendant: Charge 1: “The court charges the jury that under the deed introduced in evidence the title to the timber has never reverted to the plaintiff.” Charge 5: “The court charges the jury that, if they believe the evidence, they must find for the defendant as to count 1.” Charge 6: “The court charges the jury that under the evidence the plaintiff can…
1Opinion of the Court
DENSON, J. —
The complaint contains three counts. The first is trover for the conversion of a. lot of timber alleged to have been cut from certain lands described in the count. The second count is in trespass, and counts for recovery on the cutting of timber by the defendant on the lands described in the first count of the complaint. The third count is for trespass on the same lands, without any averment particularizing the acts of trespass. The controversy in the case grew out of the purchase and sale of growing pine timber on land of which Bettie Daffin was the owner at the time of the…
2Cases cited19 opinions
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Hodges v. BuellMichigan Supreme Court · 1903
- Williams v. FloodMichigan Supreme Court · 1886
- Golden v. GlockWisconsin Supreme Court · 1883
- Baxter & Co. v. MattoxSupreme Court of Georgia · 1898
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3Cited by57 opinions
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- Jasper Land Co. v. Manchester SawmillsSupreme Court of Alabama · 1923
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