Holloway v. Henderson Lumber Co.
Alabama Court of Appeals
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Suit by John L. Holloway and another against the Henderson Lumber Company for 'the statutory penalty for cutting trees and for damages for trespass quare clausum fregit, and plaintiff recovqyed judgment in the sum of one cent, together with all the costs expended in that behalf.
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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Suit by John L. Holloway and another against the Henderson Lumber Company for 'the statutory penalty for cutting trees and for damages for trespass quare clausum fregit, and plaintiff recovqyed judgment in the sum of one cent, together with all the costs expended in that behalf. Plaintiff appealed from the judgment for insufficient damages, and defendants file a cross-appeal against the judgment for costs for more than one cent.
1Opinion of the CourtSamford, J.
[1] The plaintiff in this ease claims damages upon two charges: (1) For a statutory penalty for cutting trees on the lands of the plaintiff; and (2) for trespass quare clausum fregit. The evidence for plaintiff establishes in him a paper title to the land running from the government, and the cutting of the timber on the lands by the defendant or his servants. The defendant sought to justify under a title acquired by adverse possession of ten years, and also by adverse possession under what 'is known as the “short statute” of five years. If the defendant had title to the land at the time of…
2Cases cited9 opinions
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Roman v. LentzSupreme Court of Alabama · 1912
- Long v. BoastSupreme Court of Alabama · 1907
- Travelers' Ins. Co. v. LazenbyAlabama Court of Appeals · 1918
- Bedsole v. DavisSupreme Court of Alabama · 1914
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3Cited by3 opinions
- State v. ThurmanAlabama Court of Appeals · 1921
- Holloway v. Henderson Lumber Co.Supreme Court of Alabama · 1919
- State v. ThurmanAlabama Court of Appeals · 1921