Smythe Lumber Co. v. Austin
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by the Smytbe Lumber Company -against B. W. Austin and others to recover the penalty provided for the wrongful cutting of timber. Judgment was directed for the defendant and plaintiffs appeal. This case is very similar to that of Clifton Iron Co. n.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by the Smytbe Lumber Company -against B. W. Austin and others to recover the penalty provided for the wrongful cutting of timber. Judgment was directed for the defendant and plaintiffs appeal. This case is very similar to that of Clifton Iron Co. n. Jemison L. Co., 108 Ala. 581. The defendants could not set up an outstanding title in another without connecting themselves with it, they being bare trespassers, and the plaintiff could rest on his possession, he having paid the purchase money and being put in possession,…
1Opinion of the CourtDowdell, C. J.
The complaint claims of the defendants f5,000 for willfully and knowingly and without the consent of the owner of the land cutting down and destroying 500 pine trees. The action is evidently brought under the statute. — Section 6035,, Civ. Code 1907. The bill of exceptions purports'to contain all *112of the evidence introduced upon the trial. Upon the conclusion of the evidence the court, at the request of the defendants in writing, gave the general affirmative charge to find for the defendants. This action of the court is here assigned as error, and is the only assignment of error on the record.
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2Cases cited1 opinion
- Davis v. Miller-Brent Lumber Co.Supreme Court of Alabama · 1907
3Cited by6 opinions
- Compton v. CookSupreme Court of Alabama · 1953
- Ray v. HilmanSupreme Court of Alabama · 1934
- Haisten v. ZiglarSupreme Court of Alabama · 1953
- Henry v. WhiteSupreme Court of Alabama · 1928
- Pierce Development Co. v. MartinSupreme Court of Alabama · 1928
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