Oswalt v. Smith
Supreme Court of Alabama
Appeal from Macon Circuit Court. . Tried before Hon. J. E. Dowdell. ■ • M. A. Oswalt brought an action of trespass against L. D. Smith, for cutting and. carrying away, timber on lands of plaintiff. On the trial, the court gave the general affirmative charge for the defendant. cited Add. on Torts, §§ 97,18, 36, 422; Olay v. Tel. Go., 11 So. Eep. 658; Allison v. Little, 85 Ala. 512; Ullman v. Myrick, 93 Ala. 532.
1Opinion of the CourtStone, C. J.
— The present suit is an action for alleged trespass on land, and cutting and removing trees therefrom. The lands of the plaintiff and defendant were contiguous, separated only by a government-survey line extending east and west, but not clearly marked or established. The facts were simple, and are undisputed.
One Copeland was engaged in the business, of manufacturing timber into staves. On the adjoining lands of the two parties to this, suit was a body of land, on which was standing timber adapted to the business of stave-makingi Smith contracted with Copeland to sell to him, at an agreed…
2Cases cited1 opinion
- Pruitt v. EllingtonSupreme Court of Alabama · 1877
3Cited by9 opinions
- Huber v. SerpicoNew Jersey Superior Court Appellate Division · 1962
- Hutto v. KremerMississippi Supreme Court · 1954
- McBryde v. COGGINS-McINTOSH LUMBER COMPANYSupreme Court of North Carolina · 1957
- Melton v. HelmsCourt of Appeals of Georgia · 1950
- Creel v. CrimCourt of Civil Appeals of Alabama · 2001
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