Lisenby v. Lindsey
Alabama Court of Appeals
Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Action by Ben J. Lindsey against M. L. Lisenby for the conversion of certain cut timber. Judgment for plaintiff, and defendant appeals. It appears from the evidence that both parties claim the land from which the timber was cut, and that the plaintiff had the timber cut and left it upon the land, and that the defendant moved it and put it to his own use.
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Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Action by Ben J. Lindsey against M. L. Lisenby for the conversion of certain cut timber. Judgment for plaintiff, and defendant appeals. It appears from the evidence that both parties claim the land from which the timber was cut, and that the plaintiff had the timber cut and left it upon the land, and that the defendant moved it and put it to his own use. Both parties claim to be in the possession of the land, but neither showed any title to same. , At most the possession was scrambling, and as plaintiff showed neither title nor…
1Opinion of the CourtBricken, P. J.
This suit originated in the justice of the peace court of precinct 6, of Henry county, and from a judgment for plaintiff in that court the defendant appealed to the circuit court. The cause was there tried by the court without a jury, and judgment was again rendered for plaintiff, and appellant appeals to this court, assigning as the only ground of error the rendition of the judgment by the court upon the facts in the case.
It is a familiar rule in this state that the conclusion of a court sitting without a jury, if based upon the oral testimony of witnesses, must on appeal be given the force…
2Cited by1 opinion
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