Goodson v. Stewart
Supreme Court of Alabama
Appear from Autauga Circuit Court. Heard before Hon. S. L. Brewer. Action by Thomas R. Goodson against Irenus Stewart and others. From a judgment for defendants, plaintiff appeals. Every charge refused should have been given and the one given should have been refused. The plaintiff had povssession and title. The defendants were warned not to trespass. They had neither title nor possession.
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Appear from Autauga Circuit Court. Heard before Hon. S. L. Brewer. Action by Thomas R. Goodson against Irenus Stewart and others. From a judgment for defendants, plaintiff appeals. Every charge refused should have been given and the one given should have been refused. The plaintiff had povssession and title. The defendants were warned not to trespass. They had neither title nor possession. Their trespass, therefore was willful and malicious and open to any exemplary damages. — L. cG R. v. Bizzcll, 131 Ala. 136; li. R. Co. McLendon, 63 Ala. 266; Barry v. Ed-monds, 116 U. S. 562; Day v.…
1Opinion of the CourtMcCLELLAN, J.
The complaint charges trespass on lands. The defense asserted was that the defendants were entitled to the timber cut from the lands described under mesne conveyances of the timber interest, and for that purpose had the right to enter. The source of their asserted title was one Pierce, who in 1855 conveyed to the Smiths, predecessors in part in title of the defendants, and their heirs and assigns, “all the pine timber for the use of their sawmills, to be sawed up or to be used in any other way that is now (italics supplied) upon the following described lands” — those, with others, described…
2Cases cited4 opinions
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Magnetic Ore Co. v. Marbury Lumber Co.Supreme Court of Alabama · 1894
- Louisville & Nashville R. R. v. SmithSupreme Court of Alabama · 1904
- Rothschild v. Bay City Lumber Co.Supreme Court of Alabama · 1903
3Cited by23 opinions
- Maring-Crawford Motor Co. v. SmithSupreme Court of Alabama · 1970
- Rushing v. Hooper-McDonald, Inc.Supreme Court of Alabama · 1974
- Pihakis v. CottrellSupreme Court of Alabama · 1971
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- First Bank of Boaz v. FielderSupreme Court of Alabama · 1991
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