Story v. McWhorter

Appellee sued appellants in count 1 for the statutory penalty for cutting trees, and in other counts for trespass to realty, and in trover for conversion of cer tain timber. Counts 3 and 5 were to recover damages for trespass, and tbe verdict of tbe jury was in favor of tbe plaintiff as to these ■two counts — thus eliminating the other counts from consideration here.

Appellants lay much stress upon the fact, that plaintiff offered no muniments of title in evidence, and that; therefore, ownership of the legal title was not shown, citing Stockburger Bros. v. Aderholt, 195 Ala. 56, 70 So. 157.…