King v. Second Nat. Bank & Trust Co.

BOULDIN, Justice.

The criminal prosecution out of which this action for malicious prosecution grew was for willfully and knowingly, without the consent of the owner, entering upon, cutting, and carrying away standing timber of the value ef $25, or more, made grand larceny by Code, § 4905.

Without dispute the offense had been committed. The timber of nonresident owners of timbered land in Alabama had, without the consent of the owner or any one authorized to act for him, be.en recently cut and carried away. No question of mistaken boundary line was involved as to this timber.

Appellee, Will…