Garrett v. Sewell
Supreme Court of Alabama
•'Appeal from the Circuit Court of Cherokee. Tried before the Hou. JohN 33. Tally. This action was brought by Mrs. Sarah C. Garrett against M. N. Sewell, to recover damages for the removal of a partition fence, and was commenced on tlie 15tb ■ February, 1886. Tbe court charged tbe jury, on request, to find for tbe defendant if they believed tbe evidence, and refused a similar charge asked by tbe plaintiff; and these rulings, with others, are assigned as error. cited Code, §§…
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•'Appeal from the Circuit Court of Cherokee. Tried before the Hou. JohN 33. Tally. This action was brought by Mrs. Sarah C. Garrett against M. N. Sewell, to recover damages for the removal of a partition fence, and was commenced on tlie 15tb ■ February, 1886. Tbe court charged tbe jury, on request, to find for tbe defendant if they believed tbe evidence, and refused a similar charge asked by tbe plaintiff; and these rulings, with others, are assigned as error. cited Code, §§ 942, 1370; Shipman v. Baxter, 21 Ala. 456; BlacMmrn v. Baker, 7 For.; 284; Henry v. Jones, 28 Ala. 385 ; McGhee v.…
1Opinion of the CourtClopton, J.
Appellant brings tbe suit to recover damages for the removal of tbe fence dividing her land from that of defendant. Tbe complaint contained three counts : Tbe first in trover, for tbe conversion of tbe rails ; tbe second substantially alleges that defendant wrongfully and maliciously removed a fence inclosing in part tbe plantation of plaintiff, which was a partition fence between plaintiff and defendant, and bad been agreed upon and recognized as such by plaintiff and defendant, and those under whom be claims, for more than ten years, and that its removal left tbe plantation of plaintiff…
2Cases cited4 opinions
- Allen v. HarperSupreme Court of Alabama · 1855
- Symonds v. HarrisSupreme Judicial Court of Maine · 1862
- Walker v. WatrousSupreme Court of Alabama · 1845
- Henry v. JonesSupreme Court of Alabama · 1856
3Cited by7 opinions
- Garrett v. SewellSupreme Court of Alabama · 1895
- Lacey v. MorrisSupreme Court of Alabama · 1926
- East v. SaksSupreme Court of Alabama · 1925
- Hodges v. SandersonSupreme Court of Alabama · 1925
- Pearce v. Aldrich Mining Co.Supreme Court of Alabama · 1913
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