Allison v. Little
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This action was brought by E. S. Little and others, suing as trustees of the “Mount Pleasant Baptist Church,” against C. Q. Allison, to recover the statutory penalty for cutting trees on certain land belonging to the church; and was commenced on the 13th January, 1886. The land was a small parcel containing about four acres, which was conveyed by Amos Jarmon, by deed dated September 10th, 1829, in…
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Appeal from tbe Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This action was brought by E. S. Little and others, suing as trustees of the “Mount Pleasant Baptist Church,” against C. Q. Allison, to recover the statutory penalty for cutting trees on certain land belonging to the church; and was commenced on the 13th January, 1886. The land was a small parcel containing about four acres, which was conveyed by Amos Jarmon, by deed dated September 10th, 1829, in consideration of his “good will and special regard for the Baptist denomination,” to Asa Cobbs, Archelaus Hicks and…
1Opinion of the CourtSomerville, J.
The action is for the penalty prescribed by section 3551 of the Code of 1876, for willfully and knowingly cutting down and destroying trees on another’s land, without the consent of the owner. — Code, 1886, § 3296. The plaintiffs in the action are trustees of a church,' or religious organization, to whom the land belonged, and the act of damage, which is the ground of the suit, was committed before the appointment of the plaintiffs as trustees of the property, while there was an existing vacancy in the trust by reason of the death of their predecessors.
1. A plea of former recovery, or res…
2Cases cited10 opinions
- Baucum v. GeorgeSupreme Court of Alabama · 1880
- Hendon v. WhiteSupreme Court of Alabama · 1875
- Russell v. IrbySupreme Court of Alabama · 1848
- Beard v. RyanSupreme Court of Alabama · 1884
- White v. HutchingsSupreme Court of Alabama · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Thurlow v. BerrySupreme Court of Alabama · 1946
- Stewart v. WhiteSupreme Court of Alabama · 1900
- Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
- Allison v. LittleSupreme Court of Alabama · 1890
14 more not listed; retrieve them via the Exa API.