Irwin v. Shoemaker
Supreme Court of Alabama
Appeal from Circuit Court, Conecuh County; John D. Leigh, Judge. Bill by Frances I. Irwin against J. M. Shoemaker and others to acquire title to land and to enjoin certain trespasses. From the decree rendered, complainant appeals. This is the second appeal in this chuse. Irwin v. Shoemaker, 85 South. 269,1 present term.
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Appeal from Circuit Court, Conecuh County; John D. Leigh, Judge. Bill by Frances I. Irwin against J. M. Shoemaker and others to acquire title to land and to enjoin certain trespasses. From the decree rendered, complainant appeals. This is the second appeal in this chuse. Irwin v. Shoemaker, 85 South. 269,1 present term. After the affirmance of the former decree the bill was amended so as to allege in substance the ownership by complainant of the lands described in the contract set out below, that she had her dwelling on the lands, where .she had. been residing with her family, and that such…
1Opinion of the CourtGardner, J.
After the determination of this cause upon former appeal (Irwin v. Shoemaker, 85 South. 269, present term), the bill was amended so as to seek injunctive relief against trespass in the cutting of timber and the operation of a sawmill by the respondent Shoemaker, together with an accounting for timber cut, and therefore complainant now seeks relief upon this theory alone.
[1,2] That ejectment may be maintained for the recovery of -timber standing and growing upon the land is not now controverted. Christopher v. Curtis-Attalla Lbr. Co., 175 Ala. 484, 57 South. 837. The bill shows a dispute as to…
2Cases cited22 opinions
- Freer v. DavisWest Virginia Supreme Court · 1902
- Clifton Iron Co. v. DyeSupreme Court of Alabama · 1888
- Tidwell v. H. H. Hitt Lumber Co.Supreme Court of Alabama · 1916
- Christopher v. Curtis-Attalla Lumber Co.Supreme Court of Alabama · 1912
- Brusha Et Ux. v. Board of Education of Oklahoma CitySupreme Court of Oklahoma · 1913
17 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Birmingham Trust & Savings Co. v. MasonSupreme Court of Alabama · 1930
- Acker v. GreenSupreme Court of Alabama · 1927
- Rice v. ParkSupreme Court of Alabama · 1931
- Cooper v. W. P. Brown & Sons Lumber Co.Supreme Court of Alabama · 1926
12 more not listed; retrieve them via the Exa API.