Brooks v. Rogers
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was an action of trover instituted by Mrs. Charlotte Thompson lingers against John D. Brooks on April 22, 1891; and sought to recover damages for the wrong.ful conversion by the defendant of a large quantity of wood which had been cut and severed from the plantation of the plaintiff. There was a demurrer interposed to the complaint, but the record discloses no ruling thereon.
Read the full summary
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was an action of trover instituted by Mrs. Charlotte Thompson lingers against John D. Brooks on April 22, 1891; and sought to recover damages for the wrong.ful conversion by the defendant of a large quantity of wood which had been cut and severed from the plantation of the plaintiff. There was a demurrer interposed to the complaint, but the record discloses no ruling thereon. The bill of exceptions states that the defendant pleaded the general issue and, by special pleas, set up as a defense, that at the…
1Opinion of the CourtMcCLELLAN, J.
This case was defended below, and the rulings of the trial court are assigned as erroneous here, mainly upon the theory that a landlord can not’ maintain trover "for timber wrongfully cut off the demised premises, sawn into fire-wood and sold by the tenant, until after the lease has been forfeited, or the tenancy has otherwise been terminated, and the landlord *122in consequence lias a right to the immediate possession of the land. This contention is sought to be rested on the doctrines, perfectly well established in themselves, that trespass for injuries done to land by a tenant can not be…
2Cases cited9 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Mooers v. WaitNew York Supreme Court · 1829
- Allison v. LittleSupreme Court of Alabama · 1890
- Rogers v. BrooksSupreme Court of Alabama · 1892
- Beatty v. BrownSupreme Court of Alabama · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Williams v. StateSupreme Court of Alabama · 1906
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Lowery v. RowlandSupreme Court of Alabama · 1893
- Glenn v. City of PrattvilleAlabama Court of Appeals · 1916
- Lee v. RaifordSupreme Court of Alabama · 1911
4 more not listed; retrieve them via the Exa API.