Lowery v. Rowland
Supreme Court of Alabama
Appeal from the Circuit Court of St. ólair. Tried before the Hon. Leroy F. Box. This was an action on the case, brought by the appellees against the appellant, to recover damages,- alleged to have been done by the defendant to the reversionary interest of the plaintiffs in certain lands described in the complaint, by cutting and carrying away and converting to his own use valuable timbers therefrom.
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Appeal from the Circuit Court of St. ólair. Tried before the Hon. Leroy F. Box. This was an action on the case, brought by the appellees against the appellant, to recover damages,- alleged to have been done by the defendant to the reversionary interest of the plaintiffs in certain lands described in the complaint, by cutting and carrying away and converting to his own use valuable timbers therefrom. The suit, as originally brought, was in the name of the twelve heirs-at-law of James Rowland, deceased. The complaint was afterwards amended by striking from the plaintiffs mentioned therein the…
1Opinion of the CourtHaralson, J.
The original complaint consisted of five counts, some in trespass and trover, against defen*424dant, for having entered upon lands belonging to plaintiffs and cutting, carrying away and converting to his own use, the valuable timbers therefrom. A demurrer was interposed to the complaint, and to its different counts, which was sustained. Thereupon, the plaintiffs asked, and were allowed to file an amended complaint, in two counts, marked in the record, 1 and 4, to which the defendant made no objection, on any account, by way of demurrer, but to which he filed seven pleas.
The two counts…
2Cases cited10 opinions
- Austin v. HallNew York Supreme Court · 1816
- Van Deusen v. . YoungNew York Court of Appeals · 1864
- Pruitt v. EllingtonSupreme Court of Alabama · 1877
- Shelton v. StateSupreme Court of Alabama · 1882
- Clark v. ZeiglerSupreme Court of Alabama · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- Ruffin v. CrowellSupreme Court of Alabama · 1950
- Dorlan v. WestervitchSupreme Court of Alabama · 1903
- Holder v. Elmwood CorporationSupreme Court of Alabama · 1936
14 more not listed; retrieve them via the Exa API.