Yarbrough v. Stewart
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Action by P. H. & A. E. Stewart against E. E. Yarbrough for damages for trespass to realty. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtSomebyille, J.
The action is for trespass to plaintiff’s land, and more specifically for “cutting and boxing the timber thereon, and burning over the straw, leaves, and undergrowth thereon, during the months of January and February, 1913.” The plaintiff’s evidence showed that he was in possession of the land in question ; that the defendant did the acts charged; and that the land was thereby damaged to the extent of several dollars per acre. In answer to this, the defendant showed that the plaintiff executed a conveyance in 1909, granting to one Wright all the merchantable timber growing on this land, with…
2Cases cited2 opinions
- Christopher v. Curtis-Attalla Lumber Co.Supreme Court of Alabama · 1912
- Dixie Grain Co. v. QuinnSupreme Court of Alabama · 1913
3Cited by2 opinions
- Adams v. JeffcoatSupreme Court of Alabama · 1949
- Yarbrough v. StewartSupreme Court of Alabama · 1916