Zundel v. Baldwin
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before the Hon. William S. Anderson. This was an action of trespass quare clausum fregit, brought by the appellant, Charles F. Zundel, against the appellee, J. B. Baldwin ; and sought to recover damages for trespass committed by the -defendant on lands alleged to be the property of the plaintiff. The trial was had upon issue joined on the general issue.
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Appeal from the Circuit Court of Baldwin. Tried before the Hon. William S. Anderson. This was an action of trespass quare clausum fregit, brought by the appellant, Charles F. Zundel, against the appellee, J. B. Baldwin ; and sought to recover damages for trespass committed by the -defendant on lands alleged to be the property of the plaintiff. The trial was had upon issue joined on the general issue. The facts of the case tending to show the claim of each of the litigant parties to the lands alleged to have been trespassed upon, are sufficiently stated in the opinion, as are also the…
1Opinion of the Court
HEAD, J. —
This is an action of trespass quare clausum fregit, the locus in quo laid in the complaint, being the south half of the northwest quarter of section 33, township 6, range two east, in Baldwin county. The plaintiff proved that the defendant, in July or August, 1895, plowed and fenced about two acres of the land described in the complaint, and cut one pine tree thereon, and 17 pine trees on the outside of the fence, each tree being worth about twenty-five cents. He also introduced a warranty deed executed to himself on the 6th day of November, 1876, by James B. Malone and others, in…
2Cited by4 opinions
- Dollar v. McKinneySupreme Court of Alabama · 1958
- Brannan v. HenrySupreme Court of Alabama · 1904
- Southern Iron & Steel Co. v. StowersSupreme Court of Alabama · 1914
- Cartwright v. HallSupreme Court of Minnesota · 1903