Miller v. Smith
Supreme Court of Alabama
Appeal from Circuit Court, Covington Comity; A. B. Foster, Judge. Bill by Julia Miller and another against John R. Smith to quiet title to the timber on certain lands, and for a temporary injunction against its cutting and removal. From decree dismissing the bill, complainants appeal.
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Appeal from Circuit Court, Covington Comity; A. B. Foster, Judge. Bill by Julia Miller and another against John R. Smith to quiet title to the timber on certain lands, and for a temporary injunction against its cutting and removal. From decree dismissing the bill, complainants appeal. The title to the land was in one S. T. Miller, who conveyed it by warranty deed to his wife and son, complainants here, oh August 29, 1916, without reservation or exception of the timber growing thereon. Respondent claims title to the timber by virtue of Ms parol purchase thereof from S. T. Miller in July, 1915,…
1Opinion of the CourtSomerville, J.
[1,2] It is a settled principle of law in this state that a parol sale of standing timber, coupled with a license to enter and cut and remove it, is void under the statute of frauds (Code, § 4289), and is unenforceable in so far as it remains unexecuted. Cobbey-Hinkley Co. v. Jordan, 146 Ala. 634, 41 South. 962; Davis v. Miller-Brent Lumber Co., 151 Ala. 580, 44 South. 639. Such a contract operates only as a license, which is revocable at the pleasure of the grantor, even though a valuable consideration has been paid to him therefor. Hicks Bros. v. Swift Creek Mill Co., 133 Ala. 411, 31…
2Cases cited5 opinions
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Hicks Bros. v. Swift Creek Mill Co.Supreme Court of Alabama · 1901
- Christopher v. Curtis-Attalla Lumber Co.Supreme Court of Alabama · 1912
- Davis v. Miller-Brent Lumber Co.Supreme Court of Alabama · 1907
- Colbey-Hinkley Co. v. JordanSupreme Court of Alabama · 1906
3Cited by4 opinions
- Rankin v. RidgeNew Mexico Supreme Court · 1948
- Stacey v. StaceySupreme Court of Alabama · 1947
- King v. EarleySupreme Court of Alabama · 1962
- Smith v. ThomasSupreme Court of Alabama · 1931