Glenn v. Adams
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. W. Foster. This action was brought by the appellee, Lucy W. Adams, against the appellant, James A. Glenn, and G. T. Dannelly, to recover the statutory penalty for knowingly, entering upon lands of the plaintiff; and willfully cutting pine trees thereon, without the consent of the plaintiff. The defendants pleaded the general issue and the cause was tried upon issue joined upon ■ this plea.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. W. Foster. This action was brought by the appellee, Lucy W. Adams, against the appellant, James A. Glenn, and G. T. Dannelly, to recover the statutory penalty for knowingly, entering upon lands of the plaintiff; and willfully cutting pine trees thereon, without the consent of the plaintiff. The defendants pleaded the general issue and the cause was tried upon issue joined upon ■ this plea. The .evidence on the part of the plaintiff tended to show that the lands on which the trees were cut belonged to the plaintiff; that they…
1Opinion of the CourtMoCLELLAN, C. J.
One who cuts trees on the land of another, but who at the time is under the honest belief that the land is his own, or that it is the land of a third party who has consented to such cutting on his land, is not liable for the penalty prescribed by section 4137 of the Code.—Russell v. Irby, 13 Ala. 131; Postal Telegraph Co. v. Lenoir, 107 Ala. 640; Williams v. Hendricks, 115 Ala. 277. The 2d charge requested by defendant should, therefore, have been given.
Charge 3 given for plaintiff when referred to the evidence is, to say the least, misleading. A. may willfully and knowingly cut trees which…
2Cases cited3 opinions
- Russell v. IrbySupreme Court of Alabama · 1848
- Williams v. HendricksSupreme Court of Alabama · 1897
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
3Cited by13 opinions
- Gardner v. LovegrenWashington Supreme Court · 1902
- Simmons v. CochranSupreme Court of Alabama · 1949
- Ellard v. GoodallSupreme Court of Alabama · 1919
- Gray v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1926
- Long v. CummingsSupreme Court of Alabama · 1908
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