Gulf Yellow Pine Co. v. Urquhart
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Nancy Urquhart against the Gulf Yellow Pine Company. The first count is trover for conversion of 146 pine trees, the second count for damages to certain land by cutting certain trees, and count 3 is also for entry and cutting. Demurrers were interposed, setting up a misjoinder; but these demurrers were overruled.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Nancy Urquhart against the Gulf Yellow Pine Company. The first count is trover for conversion of 146 pine trees, the second count for damages to certain land by cutting certain trees, and count 3 is also for entry and cutting. Demurrers were interposed, setting up a misjoinder; but these demurrers were overruled. Issue was joined on the general issue and a special plea not necessary to be here set out, and resulted in a verdict for the plaintiff in the sum of $50; and the defendant appeals. There was a misjoinder of…
1Opinion of the CourtAnderson, J.
While section 3293 of the Code of 1896 authorizes the joinder of trespass and trover, it is only permissible when they relate to the same subject-matter.” In the case at bar one count is in trover for the conversion of certain logs, and the other is trespass quare clasum fregit, and not trespass de bonis asportatis. It is difficult to conceive ail instance when trover and trespass quare clasum fregit can relate to the same subject-matter. The former is for the conversion of personal property, and the latter is for the unlawful or unauthorized entry on land, or for a violent and forcible…
2Cited by5 opinions
- Roll v. DockerySupreme Court of Alabama · 1929
- Findlay v. HardwickSupreme Court of Alabama · 1935
- Robins v. Central of Georgia Ry.Supreme Court of Alabama · 1925
- Findlay v. HardwickSupreme Court of Alabama · 1935
- Gulf Yellow Pine Lumber Co. v. MonkSupreme Court of Alabama · 1907