White v. Yawkey
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Tried before Hon. J. B,. TysoN. This was an action of trover, brought by appellee against the appellants, to recover damages for the conversion by them of certain timber, alleged to have been cut from the land of the plaintiff.
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Appeal from Geneva Circuit Court. Tried before Hon. J. B,. TysoN. This was an action of trover, brought by appellee against the appellants, to recover damages for the conversion by them of certain timber, alleged to have been cut from the land of the plaintiff. The defendants plead (1) the general issue; (2) that the plaintiff was not the owner of the land from which the timber was cut; (3) that the plaintiff was not in the actual possessson of such land at the time of the conversion; (4) that at the time of the alleged conversion, the defendants were rightfully engaged in cutting timber from…
1Opinion of the CourtHead, J.
The case was tried in the lower court upon the second count of the complaint, which was in trover, and claimed damages “for the conversion of- one hundred pine logs cut and taken away’ ’ from the lands of the plaintiff. The material facts are that within a year prior to the commencement of the suit one Jack Brewer cut the pine logs from the timber lands belonging to the plaintiff, and sold them to the defendants to *272be delivered oil the banks of Pea River, where he did in fact deliver them; and that neither he nor the defendants knew at the time the cutting was done that trespasses were being…
2Cases cited14 opinions
- Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Winchester v. CraigMichigan Supreme Court · 1876
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Mitchell v. BillingsleySupreme Court of Alabama · 1850
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Bender v. BrooksTexas Supreme Court · 1910
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Foust v. KinneySupreme Court of Alabama · 1918
- Watkins v. Siler Logging Co.Washington Supreme Court · 1941
- Dollar v. McKinneySupreme Court of Alabama · 1958
38 more not listed; retrieve them via the Exa API.