Hanby v. Dominick
Supreme Court of Alabama
Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Action by James M. Hanby against W. J. Dominick for damages for trespass to land by cutting timber therefrom. ’Judgment for the defendant, and plaintiff appeals. Appellant sued appellee to recover damages for trespass on a certain tract of land situated in Bibb county described in the complaint, alleged to be the property of the plaintiff and for cutting the timber thereon.
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Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Action by James M. Hanby against W. J. Dominick for damages for trespass to land by cutting timber therefrom. ’Judgment for the defendant, and plaintiff appeals. Appellant sued appellee to recover damages for trespass on a certain tract of land situated in Bibb county described in the complaint, alleged to be the property of the plaintiff and for cutting the timber thereon. The court gave the general affirmative charge with hypothesis for the defendant, and from the judgment following the plaintiff prosecutes this appeal. It js…
1Opinion of the CourtGardner, J.
This is a suit to recover damages for trespass to lands, the only damages claimed being the cutting of certain timber thereon. The plaintiff purchased the. land subject to a prior conveyance of the timber to one Hodges, of which he had notice, and which was of record. The time for the removal of the timber under the Hodges conveyance expired on March 1, 1918, and plaintiff entered into a memorandum agreement with said Hodges for an extension of said time of three years from the date of the ‘agreement. This memorandum will appear in the statement of the case, and discloses that it was given to…
2Cases cited7 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Goodson v. StewartSupreme Court of Alabama · 1908
- Jasper Trust Co. v. K. C., M. & B. R. R.Supreme Court of Alabama · 1892
- Long v. Nadawah Lumber Co.Supreme Court of Alabama · 1918
- Pratt v. NixonSupreme Court of Alabama · 1890
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3Cited by1 opinion
- Lowery v. MaySupreme Court of Alabama · 1925