Davis v. Miller-Brent Lumber Co.
Supreme Court of Alabama
Appeal from Coffee Circuit. Court.' Heard before Hon. H. A. Pearce. Action of trespass by J. E. Davis against tlie Miller Brent Lumber Company. From a judgment for defendant, plaintiff appeals. The following charges were refused to plaintiff: f 1) The affirmative charge.
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Appeal from Coffee Circuit. Court.' Heard before Hon. H. A. Pearce. Action of trespass by J. E. Davis against tlie Miller Brent Lumber Company. From a judgment for defendant, plaintiff appeals. The following charges were refused to plaintiff: f 1) The affirmative charge. (2) “If the jury are reasonably satisfied from the evidence in this case that at the time the plaintiff and G. E. Davis, her husband, executed the instrument dated the 30th day of June, 1897, whereby she sold and conveyed to tlié H. L. Berry Company the right to enter upon and to cut and carry away the pine trees therein…
1Opinion of the CourtSimpson, J.
This was an action of trespass to lands by cutting timber thereon. The plaintiff proved title in the lands and that the timber had been cut by the defendant in December, 1905, and January, 1906. The defendant claimed that in June, 1897, the plaintiff, with her husband, (I. E. Davis, conveyed to defendant all the timber which could be cut in seven years, and that on February 17, 1902, plaintiff and her husband executed another paper extending the previous timber lease for íavo years. The lands originally belonged to said G. E. Davis, but he conveyed them to his said Avife January 12, 1900.
The…
2Cases cited9 opinions
- White v. YawkeySupreme Court of Alabama · 1895
- Riddle v. BrownSupreme Court of Alabama · 1852
- Brinkmeyer v. BetheaSupreme Court of Alabama · 1903
- Warrior Coal & Coke Co. v. Mabel Mining Co.Supreme Court of Alabama · 1896
- McKenzie v. ShowsMississippi Supreme Court · 1892
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3Cited by22 opinions
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- Foust v. KinneySupreme Court of Alabama · 1918
- Fuller v. FairSupreme Court of Alabama · 1919
- Cloud v. DeanSupreme Court of Alabama · 1924
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