Pearce v. Aldrich Mining Co.
Supreme Court of Alabama
Appeal from Marion Circuit Court. Heard before Hou. C. P. Almon. Action by James P. Pearce against the Aldrich Mining Company in trover. Judgment for defendant, and plaintiff appeals. See, also, 169 Ala. 161, 52 South. 911, Ann.
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Appeal from Marion Circuit Court. Heard before Hou. C. P. Almon. Action by James P. Pearce against the Aldrich Mining Company in trover. Judgment for defendant, and plaintiff appeals. See, also, 169 Ala. 161, 52 South. 911, Ann. Cas. 1912B, 288. The complaint claimed for-the conversion of 3,000,-000 tons of coal mined on, removed from, and converted by defendant between the 1st day of January, 1900, and the 1st day of April, 1905, from a quarter section of land set out in the complaint, the property of plaintiff. The case was submitted by agreement on the same fact as appears from the bill of…
1DissentMayfield, J.
— I dissent for the following reasons: It is decided in this case that a disputed boundary line between two coterminous landowners may be determined and established in an action of trover. I do not think that this is now, ever was, or ever - ought to be, the law of this or of any other state. It is decided in this case that the title to land may be determined in an action of trover. I do not think that this is now, or ever was, the law in England or in America.
It is decided in this case that a defendant who mines coal from lands which he purchased, and of which he was put in possession, is…
2Cases cited4 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
- Harlan v. HarlanSupreme Court of Pennsylvania · 1851
- Heaton v. FindlaySupreme Court of Pennsylvania · 1849