Marsh v. Fricke
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Charles Fricke against W. P. Marsh. From a judgment for plaintiff, defendant appeals. The following charges were refused to the appellant: (1) The general affirmative charge. (2) “The court charges the jury that there is no evidence that Marsh’s title to the timber was not good.” (3) Affirmative charge as to the fourth count. (4) Affirmative charge as to the fifth count.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Charles Fricke against W. P. Marsh. From a judgment for plaintiff, defendant appeals. The following charges were refused to the appellant: (1) The general affirmative charge. (2) “The court charges the jury that there is no evidence that Marsh’s title to the timber was not good.” (3) Affirmative charge as to the fourth count. (4) Affirmative charge as to the fifth count. The following charges were given for the defendant: (E) “The burden of proof is on the plaintiff to prove to the reasonable satisfaction of the…
1Opinion of the Court
dd GNAFFENNIED, J.
The complaint, so far as the present appeal is concerned, may be treated as one of only two counts, one on an open account, and the other on an account stated. The undisputed facts were that the appellant sold to the appellee certain timber standing upon real estate which had been conveyed to appellant by one Farrow; and after appellant sold said timber to appellee, one May, who had brought a suit in ejectment for the land on which said timber was. situated against Farrow, recovered a judgment against said Farrow for the land in said ejectment suit. The evidence for the…
2Cases cited4 opinions
- Strouse v. EltingSupreme Court of Alabama · 1895
- Darden v. JamesSupreme Court of Alabama · 1872
- Hunter v. WaldronSupreme Court of Alabama · 1845
- Ezell v. KingSupreme Court of Alabama · 1890
3Cited by2 opinions
- Peinhardt v. BonnerSupreme Court of Alabama · 1936
- Tallassee Falls Mfg. Co. v. ParksAlabama Court of Appeals · 1911