C. W. Zimmerman Mfg. Co. v. Dunn
Supreme Court of Alabama
Appeal from Clark Circuit Court. Heard -before Hon. Thomas W. Davis, Special Judge. Trespass and trover by William I). Dunn and others, against the C. W. Zimmerman Manufacturing Company. For former report of this case see 151 Ala. 435; 44 South. 533. From a judgment for plaintiff: defendant appeals. The court erred in admitting the tax deed in evidence.
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Appeal from Clark Circuit Court. Heard -before Hon. Thomas W. Davis, Special Judge. Trespass and trover by William I). Dunn and others, against the C. W. Zimmerman Manufacturing Company. For former report of this case see 151 Ala. 435; 44 South. 533. From a judgment for plaintiff: defendant appeals. The court erred in admitting the tax deed in evidence. The plaintiff failed to show such facts of possession under the deed as amounted to adverse possession, or as would give him title to the timber. —Clements v. Hayes, 76 Ala. 284; Croft v. Thornton, 125 Ala. 381; Cheshire v. Harrison, 119 Ala.…
1Opinion of the CourtDowdell, C. J.
The complaint as originally filed contained a single count in trover, in code form, for the conversion of a specified amount of lumber. It was subsequently amended by adding a second count, in code form, for the conversion of a certain number of pine logs. The general issue was pleaded, and on this plea the case was tried.
It has been firmly settled in this court that in the action of trover there must be a concurrence of the right of property, general or special, and of possession, or the immediate right of possession, in the plaintiff at the *275time of the conversion. —Booker, et al. v. Jones,…
2Cases cited7 opinions
- Booker v. JonesSupreme Court of Alabama · 1876
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Rees v. CoatsSupreme Court of Alabama · 1880
- Beall v. Folmar, Sons & Co.Supreme Court of Alabama · 1898
- C. W. Zimmerman Mfg. Co. v. DunnSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Green v. MarlinSupreme Court of Alabama · 1929
- Pinckard v. CasselsSupreme Court of Alabama · 1915
- Granade v. United States Lumber & Cotton Co.Supreme Court of Alabama · 1931
- Ex Parte EdmundsSupreme Court of Alabama · 1919
- Davis v. ErwinSupreme Court of Alabama · 1926
7 more not listed; retrieve them via the Exa API.