Pollard v. Maddox
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This action was brought by James Maddox, agaihst the appellants, to recover damages for entering upon certain lands in Chambers county, cutting down the trees, digging up the soil, &c. The defendants pleaded separately, in short by consent, not guilty, with leave to give in evidence any special matter in bar of the action.
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Appeal from the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This action was brought by James Maddox, agaihst the appellants, to recover damages for entering upon certain lands in Chambers county, cutting down the trees, digging up the soil, &c. The defendants pleaded separately, in short by consent, not guilty, with leave to give in evidence any special matter in bar of the action. The plaintiff having died, the suit was revived in the name of his executrix, who is the present plaintiff. The bill of exceptions, which presents all the matters now assigned as error, shows…
1Opinion of the CourtChilton, C. J.
It appears that the defendants, as the agents, and by direction of the Montgomery and W est Point Railroad, a company incorporated by the legislature of this State, had constructed a portion of the road, say a mile and a quarter of it, which runs from Montgomery to West Point, upon the land of the plaintiff, (being the same described in his declaration,) using no more of the soil and timber than was necessary to the erection of said portion or section of said railroad. They justified under a deed executed by the testator and others, whereby, on the 10th November, 1835, after reciting, by 'way…
2Cases cited1 opinion
- Allen v. Montgomery Rail RoadSupreme Court of Alabama · 1847
3Cited by49 opinions
- Boykin v. Bank of MobileSupreme Court of Alabama · 1882
- Messer v. OestreichWisconsin Supreme Court · 1881
- McGhee v. AlexanderSupreme Court of Alabama · 1893
- Rutledge's Adm'r v. Townsend, Crane & Co.Supreme Court of Alabama · 1863
- Obermark v. ClarkSupreme Court of Alabama · 1927
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