Long v. Cummings
Supreme Court of Alabama
Appeal from Henry Circuit Court. Heard before Hon. A. A. Evans. Action by J. E. Cummings against'J. B. Long, for the ■ penalty prescribed for cutting trees upon the land of another, etc. Judgment for plaintiff, and defendant appeals.
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Appeal from Henry Circuit Court. Heard before Hon. A. A. Evans. Action by J. E. Cummings against'J. B. Long, for the ■ penalty prescribed for cutting trees upon the land of another, etc. Judgment for plaintiff, and defendant appeals. The legal title to the land must be in the person seeking to recover the penalty for cutting trees. — Allison v. Little, 93 Ala. 150; Gravelee v. Williams, 112 Ala. 538; Turner Go. v. Glocer, 101 Ala. 289; Bhelby Go. v. Ridley, 135 Ala. 513;- Whüe et al. v. Farris, 124 Ala. 461. If the cutting is done under the bona fide belief that the lands are the property of…
1Opinion of the CourtDenson, J.
This is an action of debt, brought under section 4137 of the Code of 1896, to recover the pen*579alty prescribed by that section for cutting down trees by any person “on land not his own, willfully and knowingly, without the consent of the owner of the land.” This section is amended by an act approved October 6,, 1903, but the amendment does not affect any question involved here. Under this .statute, it will be observed, the right of action is given to the owner of the lands ; and it is wholly immaterial whether he was in possession at the time the cutting was done or not. — Rogers v. Brooks, 105…
2Cases cited8 opinions
- Payne v. CrawfordSupreme Court of Alabama · 1893
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Eagle & Phœnix Manufacturing Co. v. GibsonSupreme Court of Alabama · 1878
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Rogers v. BrooksSupreme Court of Alabama · 1894
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- Wiley v. WilsonSupreme Court of Alabama · 1969
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