Legal Opinion

Adler v. Prestwood & Knowles

Supreme Court of Alabama

Decided November 15, 1898PublishedCited by 6 opinions

Appeal from the Circuit Court of Covington. Tried before the Hon. J. W. Foster. This was a statutory action of detinue, brought by the appellant, Morris Adler, against the appellees, Prestwood & Knowles, for the recovery of certain trees which had been severed from the land which the plaintiff alleged belonged to him. The facts of the case are sufficiently stated in the opinion.

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Appeal from the Circuit Court of Covington. Tried before the Hon. J. W. Foster. This was a statutory action of detinue, brought by the appellant, Morris Adler, against the appellees, Prestwood & Knowles, for the recovery of certain trees which had been severed from the land which the plaintiff alleged belonged to him. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the plaintiff requested the court to give to the jury the general affirmative charge in his behalf. To the court’s refusal to give this charge the plaintiff duly excepted.…

1Opinion of the CourtHaralson, J.

— The action is for the recoAmry of personal property in specie, — pine logs ent, as alleged, off of plaintiff’s land, which is described in the complaint.

It was not disputed that under the Act of Congress of-September 29th, 1890, and under the decree of the chancery court of Escambia county in faAor of Morris Adler against the Van Kirk Land & Construction Company, and the sale and conveyance of said lands thereunder by the register of said court, to the appellant, he became invested with the legal title to the same. The certificate of the Department of the Interior to the Van Kirk Land &…

2Cases cited9 opinions

  1. Cooper v. WatsonSupreme Court of Alabama · 1882
  2. Normant v. Eureka Co.Supreme Court of Alabama · 1893
  3. Mobile & Girard Railroad v. Ala. Midland Railway Co.Supreme Court of Alabama · 1888
  4. Seymour & Co. v. FarquharSupreme Court of Alabama · 1890
  5. Ware v. SwannSupreme Court of Alabama · 1885

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3Cited by6 opinions

  1. Tensaw Land & Timber Co. v. RiversSupreme Court of Alabama · 1943
  2. Green v. MarlinSupreme Court of Alabama · 1929
  3. Montgomery v. SpearsSupreme Court of Alabama · 1928
  4. Foster v. Kwik Chek Super Markets, Inc.Supreme Court of Alabama · 1969
  5. Pearce v. Aldrich Mining Co.Supreme Court of Alabama · 1913

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