Clifton Iron Co. v. Jemison Lumber Co.
Supreme Court of Alabama
Appeal from tlie Circuit Court of Chilton. Tried before Hon. N. D. DeNSON. The aboye cases are founded on similar facts, and are dependent on same assignments of error, and were argued and submitted together. The action is to recover the. statutory penalty for wil-fully cutting trees on plaintiff’s land without his consent.
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Appeal from tlie Circuit Court of Chilton. Tried before Hon. N. D. DeNSON. The aboye cases are founded on similar facts, and are dependent on same assignments of error, and were argued and submitted together. The action is to recover the. statutory penalty for wil-fully cutting trees on plaintiff’s land without his consent. S. A. Curry was the owner of the land, and while in possession thereof, sold and conveyed to plaintiff all the timber, trees, logs and saplings on the land described in the complaint, with right of ingress and egress for purpose of cutting, hewing, sawing, &c. The deed was…
1Opinion of the Court
MoCLELLAN. J.
These are actions by the Iron Co. against Curry and the Lumber Co. et al. respectively for the recovery of the statutory penalty prescribed by section 3296 of the Code for the destruction, injury, or removal of trees. Said Curry at one time owned the absolute fee in the land upon which the trees alleged to have been destroyed, injured, or removed wers standing and, *583all interests in it. Prior to the wrong complained of he executed a deed to the plaintiff whereby he conveyed to it. its “ heirs and assigns forever,” all the “timber, trees, logs and saplings” then on the land, vested…
2Cases cited2 opinions
- Allison v. LittleSupreme Court of Alabama · 1890
- Rogers v. BrooksSupreme Court of Alabama · 1892
3Cited by11 opinions
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Williams v. HendricksSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- Dawsey v. NewtonSupreme Court of Alabama · 1943
- Gravlee v. WilliamsSupreme Court of Alabama · 1896
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