Stockburger v. Aderholt
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County ; W. J. Martin, Judge. Action by D. A. Aderholt against Eugene Stockburger and others for damages to trespass to land. Judgment for plaintiff, and defendants appeal.
Read the full summary
Appeal from Circuit Court, St. Clair County ; W. J. Martin, Judge. Action by D. A. Aderholt against Eugene Stockburger and others for damages to trespass to land. Judgment for plaintiff, and defendants appeal. The complaint is for trespass quare clausum fregit upon three 40-acre tracts of land belonging to the plaintiff, and also, in separate counts, for the statutory penalty for willfully and knowingly cutting trees from the same land without the consent of plaintiff, who is alleged to be the owner thereof. Only the owner may maintain an action for the cutting of trees, under section 6035,…
1Opinion of the Court
. SOMERVILLE, J.
With respect to the 80 acres described in the second count of the complaint, it was not shown that either plaintiff or defendants had any title other than by possession, and under the evidence it was clearly a question for the jury to determine whether plaintiff had prior actual possession of the land, and whether defendants’ entry thereon to cut the timber, and their actual cutting of the timber, was an unlawful invasion of that possession.
Under the fourth count, the evidence showed, as a matter of legal conclusion, that plaintiff had granted away all the timber measuring 10…
2Cases cited6 opinions
- Christopher v. Curtis-Attalla Lumber Co.Supreme Court of Alabama · 1912
- Goodson v. StewartSupreme Court of Alabama · 1908
- Interstate L. Co. v. DukeSupreme Court of Alabama · 1913
- Southern Railway Co. v. McEntireSupreme Court of Alabama · 1910
- Shipman v. BaxterSupreme Court of Alabama · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rushing v. Hooper-McDonald, Inc.Supreme Court of Alabama · 1974
- Ramos v. FellSupreme Court of Alabama · 1961
- Frost v. JohnsonSupreme Court of Alabama · 1951
- Illinois Central R. R. v. BrashierMississippi Supreme Court · 1955