Smith v. Heath
Supreme Court of Alabama
Appeal from Circuit Court, Coffee County; A. B. Poster, Judge. Action by Sam T. Smith against J. J. Heath, on promissory notes. Prom a judgment for defendant, plaintiff appeals.
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Appeal from Circuit Court, Coffee County; A. B. Poster, Judge. Action by Sam T. Smith against J. J. Heath, on promissory notes. Prom a judgment for defendant, plaintiff appeals. The following is the oral charge of the court objected to: “That, if the plaintiff objected to the defendant, or his representative, moving any of the timber which the plaintiff had conveyed to the defendant, that the defendant had the right of election of remedies, and that, if defendant elected not to remove any portion of said timber, upon such objection being made, that, in that event, the value of the timber so…
1Opinion of the CourtMiller, J.
Sam T. Smith sues J. J. Heath on 13 promissory notes, aggregating the sum of $2,528. The plaintiff admits 19 partial payments made thereon at different times by defendant, totaling $1,450.
The plaintiff sold and conveyed to the defendant on December 21, 1912, “all of the pine timber” on 560 acres of land, and contracted and agreed for him, his heir's or assigns to cut and remove said timber at any time from the land, provided it is done within five years from date of' the contract. These 13 notes were given for the pine timber on the land. They represent the consideration.
The case was tried on…
2Cases cited3 opinions
- Hembree v. GloverSupreme Court of Alabama · 1890
- Peden v. MooreSupreme Court of Alabama · 1831
- Morehead v. GayleSupreme Court of Alabama · 1832
3Cited by6 opinions
- Larry Savage Chevrolet, Inc. v. RichardsSupreme Court of Alabama · 1985
- Grief Bros. Cooperage Corp. v. StaceySupreme Court of Alabama · 1952
- Cavalier Insurance Company v. GannCourt of Civil Appeals of Alabama · 1976
- Denney v. J. B. Colt Co.Supreme Court of Alabama · 1923
- Pappas v. CourembisDistrict of Columbia Court of Appeals · 1951
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