Wright v. Bentley Lumber Co.
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Action by Louisa Wright against the Bentley Lumber Company and others for trespass to1 land and the statutory penalty of cutting trees. Judgment for defendants, and plaintiff appeals.
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Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Action by Louisa Wright against the Bentley Lumber Company and others for trespass to1 land and the statutory penalty of cutting trees. Judgment for defendants, and plaintiff appeals. The first count was for the statutory penalty; the second count claimed for cutting and carrying away timber, to wit, 499 trees and saplings during the month of April, 1911; the third count claimed for trespass in driving over and cutting up with wagons and vehicles, and malting roads and wagons ruts on and through said lands, causing the same…
1Opinion of the Court
ANDERSON, C. J. —
The plaintiff proved title to the land and the cutting, by the defendants’ hands, of a number of trees or saplings, and the removal of same, as well as injury to the freehold in hauling over same. There was also proof of the amount of damages done the land as a result of the trespass. This evidence made out a prima facie case for the plaintiff.
*619The defendants, however, established title to all the “merchantable” pine timber as was standing on the land on August 21, 1906, by a chain of deeds running from the plaintiff to the defendants. Under the influence of the case of…
2Cases cited3 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Frederick v. WilcoxSupreme Court of Alabama · 1898
- Tenny & McKenzie v. Mulvaney & BemisOregon Supreme Court · 1881
3Cited by20 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Nettles v. LichtmanSupreme Court of Alabama · 1934
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Jasper Land Co. v. Manchester SawmillsSupreme Court of Alabama · 1923
- Pan Coal Co. v. Garland Pocahontas Coal Co.West Virginia Supreme Court · 1924
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