Beatty v. Brown
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the lion. John Moore. This action was brought by Randall R. Brown, against Wm.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the lion. John Moore. This action was brought by Randall R. Brown, against Wm. M. Beatty, “to recover two hundred dollars,” as alleged in the complaint, “ as damages for willfully and knowingly, and without the consent of the plaintiff, and in violation of section 3551 of the Code, cutting down twenty pine-trees, on, to-wit, the 18th, 20th, 21st, and 22d days of August, 1883, on the following described lands,” &c.; “ which said lands were not at said time, and are not. now the property of said defendant, but were and are the property…
1Opinion of the CourtSomeryille, J.
— The principle settled in Cooper v. Watson, 73 Ala. 252, is conclusive, in our opinion, against the plaintiff’s right of recovery in the present action. The suit there was one of detinue, brought by the owner of the freehold of certain lands, for timber which had been converted into chattels by the defendant, who, being in possession, had *269severed trees from the freehold. The plaintiff had, at the time, no possession of the lands, actual or constructive, but the defendant was in occupancy of them, holding adversely. It was decided that the action could not be maintained, the court using the…
2Cases cited1 opinion
- Cooper v. WatsonSupreme Court of Alabama · 1882
3Cited by17 opinions
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Carlisle v. KillebrewSupreme Court of Alabama · 1889
- Keller v. BullingtonSupreme Court of Alabama · 1893
- Rogers v. BrooksSupreme Court of Alabama · 1892
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
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