Sparkman v. Kirkpatrick
Alabama Court of Appeals
Appeal from Circuit Court, Jackson-County ; W. W. Haralson, Judge. ■' Action of assumpsit by W. L. Kirkpatrick against F. L. Sparkman. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jackson-County ; W. W. Haralson, Judge. ■' Action of assumpsit by W. L. Kirkpatrick against F. L. Sparkman. Judgment for plaintiff, and defendant appeals. The original action was for an account for merchandise and goods sold to the amount of $55. The defendant pleaded byway of set-off that the plaintiff was indebted to the defendant for cross-ties, and extract wood to the amount of $300. There was no dispute about the correctness of plaintiff’s account, and there was no dispute as to the following facts: By verbal contract Kirkpatrick sold to Sparkman certain…
1Opinion of the CourtSamford, J.
[1-3] Under the facts of this case, the defendant had a verbal license to out timber on the lands of plaintiff. This did not have the effect of conveying title to the standing timber. Colbey-Hinkley Co. v. Jordan, 146 Ala. 634, 41 South. 962. But as to the timber cut, the title passed to the defendant subject to the lien for stumpage as declared in Code 1907, § 4814' et seq. The plaintiff had no right to take the timber cut under the license without due process of law. Colbey-Hinkley Co. v. Jordan, 146 Ala. 634, 41 South. 962; Gibbs v. Wright, 5 Ala. App. 486, 57 South. 258; Fowler v. Ramsey,…
2Cases cited8 opinions
- Johnson v. TruittSupreme Court of Georgia · 1905
- Griffin v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- Mahan v. ClarkSupreme Court of Pennsylvania · 1908
- Colbey-Hinkley Co. v. JordanSupreme Court of Alabama · 1906
- Indiana & Arkansas Lumber & Manufacturing Co. v. EldridgeSupreme Court of Arkansas · 1909
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3Cited by1 opinion
- Sorensen v. JacobsonMontana Supreme Court · 1951