Sullivan v. Conway
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. The only point reserved, and the evidence relating thereto, are set forth in the opinion. cited, on the question of estoppel, Hall v. White, 3 C. & P. 136; Caldwell v. Smith, 77 Ala. 157; Grace v. McKissaclc, 49 1 b. 163 ; Hendrich v. Kelly, 64 lb. 388 ; Prichett da Maddox v. Sibert, Adm’r, 75 Ib. 315 ; 2 Wait’s A. & D. 533 ; Bigelow on Estoppel, 620, et seq. ; Herman on Estoppel, section 733,…
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Appeal from the Circuit Court of Escambia. Tried before the Hon. John P. Hubbard. The only point reserved, and the evidence relating thereto, are set forth in the opinion. cited, on the question of estoppel, Hall v. White, 3 C. & P. 136; Caldwell v. Smith, 77 Ala. 157; Grace v. McKissaclc, 49 1 b. 163 ; Hendrich v. Kelly, 64 lb. 388 ; Prichett da Maddox v. Sibert, Adm’r, 75 Ib. 315 ; 2 Wait’s A. & D. 533 ; Bigelow on Estoppel, 620, et seq. ; Herman on Estoppel, section 733, et seq. cited Gamble v. Gamble’s Adm’r, 11 Ala. 966; Cunningham v. Milner, 56 lb. 522 ; Bigelow on Estoppel, pages 559,…
1Opinion of the CourtStone, C. J.
— The plaintiff bases his right of recovery in this suit, on the following asserted facts : That plaintiff’s intestate was the owner and in possession of section 19, township 2, range 7 ; that certain trees had been felled on said land without authority of the owner, had been converted into hewn timber, and that the timber so hewn was in the possession of, and claimed by defendant, when this suit was brought. The testimony which raises the single question presented by this record was given by Sowell, plaintiff’s agent, and Conway, the defendant. They differed very materially in their…
2Cases cited4 opinions
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Houston v. FarrisSupreme Court of Alabama · 1882
- Farris & McCurdy v. HoustonSupreme Court of Alabama · 1883
- Cunningham v. MilnerSupreme Court of Alabama · 1876
3Cited by3 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Ashurst v. AshurstSupreme Court of Alabama · 1898
- Provident Life Accident Ins. Co. v. HudgensSupreme Court of Alabama · 1935