Gill v. Taylor
Supreme Court of Alabama
POINTS IN THIS CAUSE. What evidence mill enable a parti/ to maintain trespass to try title. Trespass to try title in Dallas Circuit Court.
Read the full summary
POINTS IN THIS CAUSE. What evidence mill enable a parti/ to maintain trespass to try title. Trespass to try title in Dallas Circuit Court. The action was by the defendant in error, to recover damages for cutting down and carrying away the timber of the defendant, off and, from a certain fraction of land, the freehold of the plaintiff.— The defendant plead, first, not guilty; and, second, justified; and alleged that the said timber &c. was cut from the soil and freehold of the defendant.— On issue, the plaintiff produced, to sustain his action, a certificate, issued by the land office of the…
1Opinion of the CourtHopkins, J.
Several questions were submitted to us by counsel for each of the parties, but as one, only, is, in our opinion, decisive of the case, we shall confine our examination to it, and upon the determination of it rest our judgment. For the- defendant in error, who brought the action in the Circuit Court of Dallas county, to recover damages for a trespass upon the land described in his declaration, it has not been asserted that he has a right to the action, without proof either of a title to, or of the actual possession of the land. There is no testimony that Taylor ever had the actual possession…
2Cited by4 opinions
- Heirs of Holliman v. PeeblesTexas Supreme Court · 1846
- George v. StateMississippi Supreme Court · 1872
- Corprew v. ArthurSupreme Court of Alabama · 1849
- Wells v. ThompsonSupreme Court of Alabama · 1848