Blackburn v. Baker
Supreme Court of Alabama
Error to the Circuit court of Tuskaloosa county. Trespass quare clausum, against B. and J. Blackburn. To the declaration of plaintiffs, the defendants plead not guilty, and license given by plaintiffs. Verdict and judgment in favor of one defendant, and against another.
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Error to the Circuit court of Tuskaloosa county. Trespass quare clausum, against B. and J. Blackburn. To the declaration of plaintiffs, the defendants plead not guilty, and license given by plaintiffs. Verdict and judgment in favor of one defendant, and against another. The bill of exceptions stated, that on the trial of the cause, plaintiffs produced no paper evidence of title to the lands in question, but relied on possession only. — • The plaintiffs proved, they were in possession of a certain half quarter section of land, living thereon, and had a saw mill on the same: that the trespass…
1Opinion of the CourtCollier, C. J.
— -Three questions arise upon the bill of exceptions in this case.
1. Does the actual occupancy of the half of a quarter section of land, draw to its occupant the possession of an adjoining quarter section of unimproved and unoccupied land, over which he had exercised ownership by cutting logs for his saw mill, so as to authorise him to maintain trespass guare clausum fregit, against one who had also cut logs thereon for his mill, and who was in the occupancy of land as near it as that occupied by the defendants in error ?
*2882. Is a plaintiff entitled to recover tiie statute assessment of the…
2Cases cited1 opinion
- Bigelow v. Cambridge & Concord Turnpike Corp.Massachusetts Supreme Judicial Court · 1810
3Cited by17 opinions
- Nebraska National Bank v. WalshSupreme Court of Arkansas · 1900
- Farley v. SmithSupreme Court of Alabama · 1863
- Ault v. MeagerSupreme Court of Georgia · 1900
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
- Rogers v. BrooksSupreme Court of Alabama · 1892
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