Gravlee v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This action was brought on June 28, 1894, by the appellant, E. L. Gravlee. against the appellee, L. W. Williams, to recover $1,640, as the statutory penalty (Code of 1886, §3296) for the cutting of certain trees and saplings on plaintiff’s land. Issue was joined on the plea of the general issue.
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Appeal from the Circuit Court of Walker. Tried before the Hon. James J. Banks. This action was brought on June 28, 1894, by the appellant, E. L. Gravlee. against the appellee, L. W. Williams, to recover $1,640, as the statutory penalty (Code of 1886, §3296) for the cutting of certain trees and saplings on plaintiff’s land. Issue was joined on the plea of the general issue. The plaintiff’s evidence tended to show the following facts : On the 17th day of January, 1891, W. G. Gravlee entered into a contract with the defendant for the purchas e of the lands described in the complaint from…
1Opinion of the CourtBrickell, C. J.
The question the case presents, is, whether the assignee of a bond of the vendor of lands, ■covenanting for the making of title to the obligee on the full payment of the purchase money, can maintain an action against the vendor, who enters before the purchase money is fully paid, cutting and removing trees from the lands, to recover the penalties given to the owner of lands, by the statute. — Code of 1886, § 3296. .Uniformly, the statute has been regarded as penal, and of consequence, subject to a strict construction, by which *543is intended that it is not to be extended beyond the plain meaning…
2Cases cited16 opinions
- Ashurst v. PeckSupreme Court of Alabama · 1893
- Bankhead v. OwenSupreme Court of Alabama · 1877
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3Cited by14 opinions
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