Gibbs v. Wright
Alabama Court of Appeals
Appeal from Colbert Circuit Court. Heard before Hon. A. H. Alston. Case by J. W. Wright against A. A. Gibbs. Judgment for plaintiff and defendant appeals. Tlie contract was not a deed but only a license, and passed no title to the timber. — Riddle v. Brown, 20 Ala. 412; Heflin v. Bingham, 56 Ala. 566; Hieles v. Swift Greek Mill Go., 133 Ala. 411. Growing trees are a part of the realty, and are within the statute of frauds. — Heflin v. Bingham, supra; 17 Am.
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Appeal from Colbert Circuit Court. Heard before Hon. A. H. Alston. Case by J. W. Wright against A. A. Gibbs. Judgment for plaintiff and defendant appeals. Tlie contract was not a deed but only a license, and passed no title to the timber. — Riddle v. Brown, 20 Ala. 412; Heflin v. Bingham, 56 Ala. 566; Hieles v. Swift Greek Mill Go., 133 Ala. 411. Growing trees are a part of the realty, and are within the statute of frauds. — Heflin v. Bingham, supra; 17 Am. Rep. 595; 19 L. R. A. 721. There was no general estoppel shown, and the question of reasonable time was not raised. — Neshit v. Persons,…
1Opinion of the Court
de GRAFFENRIED, J. —
There were two counts to the complaint in this case. In the first count it is alleged that the appellant sold on July 10, 1909, certain pine and poplar timber to appellee standing on appellant’s land, and that appellant in September and October of that year wrongfully cut from the land a lot of said poplar timber, and, without appellee’s consent, removed the said timber from the land, and the same was lost to appellee, to his damages, etc. The second count was an action in trover for the conversion of certain poplar trees of appellee by appellant. There were a number of…
2Cases cited3 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Gulf Red Cedar Lumber Co. v. O'NealSupreme Court of Alabama · 1901
- Davis v. Miller-Brent Lumber Co.Supreme Court of Alabama · 1907
3Cited by6 opinions
- Seaboard A. L. Ry. Co. v. Anniston Manufacturing Co.Supreme Court of Alabama · 1914
- Metropolitan Life Ins. Co. v. EstesSupreme Court of Alabama · 1934
- Roux v. HoukSupreme Court of Florida · 1931
- Sparkman v. KirkpatrickAlabama Court of Appeals · 1920
- Chapman v. DearmanCourt of Appeals of Texas · 1915
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