Mt. Vernon Lumber Co. v. Shepard
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Ejectment by the Mount Vernon Lumber Company against Kate T. Shepherd and others, to recover standing timber. Judgment for defendants and plaintiff appeals.
1Opinion of the Court
ANDERSON, G J.
It was admitted upon the trial that the legal title to the land was in Kate Shepard, and this being true, the plaintiff could not recover the same, which was covered by the first count.
The second count, however, sought a recovery of the timber, and not the land, and we think the finding of the trial court in favor of the defendants as to' this count was also free from error. It is needlees for us to determine the character or nature of the timber that was conveyed by the contract, for the reason that whatever timber may have been thereby conveyed, the contract expressly…
2Cases cited7 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Goodson v. StewartSupreme Court of Alabama · 1908
- Mt. Vernon Lumber Co. v. ShepardSupreme Court of Alabama · 1913
- Ward v. MooreSupreme Court of Alabama · 1913
- Harrell v. MasonSupreme Court of Alabama · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- C. W. Zimmerman Mfg. Co. v. WilsonSupreme Court of Alabama · 1917
- Baskett Lbr. & Mfg. Co. v. GravleeAlabama Court of Appeals · 1916
- Coley v. EnglishSupreme Court of Alabama · 1920
1 more not listed; retrieve them via the Exa API.