Carpenter v. Lewis
Supreme Court of Alabama
Whit of error to the Circuit Court of Randolph county. Trover, by Lewis and the other plaintiffs, to recover damages from the defendants for the conversion of certain bricks, boards and rails. The defendants pleaded the general issue; and, also, that tho property in the bricks, &c., was in one of them. To the latter plea, the plaintiff demurred, and tho court sustained the demurrer.
Read the full summary
Whit of error to the Circuit Court of Randolph county. Trover, by Lewis and the other plaintiffs, to recover damages from the defendants for the conversion of certain bricks, boards and rails. The defendants pleaded the general issue; and, also, that tho property in the bricks, &c., was in one of them. To the latter plea, the plaintiff demurred, and tho court sustained the demurrer. At the trial, the proof conduced to show, that the bricks, boards and rails were made by the plaintiffs on and out of the soil and timbers of a certain 40 acre tract of land, which, at the time when the bricks,…
1Opinion of the CourtGoldthwaite, J.
The defendants do not pretend that either of them had any title to the land out of the soil of which the *684bricks were made, and from which the timber for the rails and boards was cat, at the time when these matters were severed from the freehold by the plaintiffs- Neither is it a question whether the rails were appendant to the land, at the time of the entry of it by one of the defendants, in consequence of constituting a fence or inclosurc for the protection of the soil or of the buildings upon it. The matter to be determined is, whether the defendants can resist a recovery, either on the…
2Cases cited2 opinions
- Curtis v. GroatNew York Supreme Court · 1810
- McKenzie v. JacksonSupreme Court of Alabama · 1842
3Cited by4 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Mitchell v. BillingsleySupreme Court of Alabama · 1850
- Harris v. PowersSupreme Court of Alabama · 1876
- Jewett v. DringerSupreme Court of New Jersey · 1878