Marbury Lumber Co. v. Lamont
Supreme Court of Alabama
Trespass to Realty. Appeal from Autauga Circuit Court. Heard before Hon. E. J. Garrison, Special Judge. Action by Mary B. Lamont against tbe Marbury Lumber Company ancl others for trespass to land. From a judgment for plaintiff, defendants appeal. Reversed and remanded.
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Trespass to Realty. Appeal from Autauga Circuit Court. Heard before Hon. E. J. Garrison, Special Judge. Action by Mary B. Lamont against tbe Marbury Lumber Company ancl others for trespass to land. From a judgment for plaintiff, defendants appeal. Reversed and remanded. Tbe trespass counted on is entering upon tbe lands of tbe plaintiff and tearing down and removing a bouse, or a part of tbe bouse and using tbe materials so taken away to build or repair a bouse on the lands belonging to tbe defendant. Tbe contention of tbe defendant was that tbe bouses were built by mistake across tbe line on…
1Opinion of the CourtAnderson, J.
There was evidence from which the jury could infer that the defendant committed the trespass, as charged in the second count of the complaint, and the trial court did err in refusing the general charge requested by the defendant. Whether tbe defendant was or was not the owner of the house iu question, under the terms of section 6026 of the Code of 1907, was a question for the jury, and whether or not ownership of the house gave the right to enter upon the plaintiff’s land and remove it we need not decide, as the deed reserved this right, in case, of course, the defendant owned the house, as…
2Cases cited2 opinions
- Stephenson v. WrightSupreme Court of Alabama · 1895
- Edgar v. StateSupreme Court of Alabama · 1908
3Cited by9 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- J. R. Watkins Co. v. GoggansSupreme Court of Alabama · 1941
- Whittle v. StateSupreme Court of Alabama · 1921
- Sullivan v. MillerSupreme Court of Alabama · 1932
- Harris v. StateAlabama Court of Appeals · 1913
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