Yarbrough v. Stewart
Supreme Court of Alabama
Appeal from Autauga Chancery Court. Heard before Hon. W. W. Whiteside. Bill by E. E. Yarbrough against T. H. Stewart and others, to enjoin the collection of a judgment for trespass upon land. From a degree sustaining demurrers to the bill, complainants appeal. See in this connection Yarbrough v. Stewart, 191 Ala. 454, 67 South. 989.
1Opinion of the CourtSomerville, J.
The bill of complaint seeks to enjoin the respondents from the collection of a judgment for damages “for trespass upon land,” recovered by them against complaint, and which was affirmed on appeal to this court.—Yarbrough v. Stewart, 191 Ala. 454, 67 South. 989.
The basis shown for this relief is that respondents, as owners of the land in question, sold the merchantable timber thereon, with the right to enter, and cut, remove, and manufacture said timber for any lawful purpose, that these rights passed by mesne conveyances to one Gibbons, whose title and rights were, however, equitable only, by…
2Cases cited2 opinions
- Dixie Grain Co. v. QuinnSupreme Court of Alabama · 1913
- Yarbrough v. StewartSupreme Court of Alabama · 1915
3Cited by2 opinions
- Adams v. JeffcoatSupreme Court of Alabama · 1949
- Rodgers v. Lumber Mineral Co.Mississippi Supreme Court · 1917