Gillespie v. Dew
Supreme Court of Alabama
In Greene Circuit Court, James Gillespie declared in trespass against Duncan Dew that, the defendant broke and entered his close, and cut down and carried away sundry timber trees, &c. General issue. Verdict and judgement for defendant. On the trial the plaintiff proved title to the land, and that the defendant had cut timber thereon and carried it away, while the plaintiff was so entitled. It was proved that the plaintiff resided about twenty miles from the land.
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In Greene Circuit Court, James Gillespie declared in trespass against Duncan Dew that, the defendant broke and entered his close, and cut down and carried away sundry timber trees, &c. General issue. Verdict and judgement for defendant. On the trial the plaintiff proved title to the land, and that the defendant had cut timber thereon and carried it away, while the plaintiff was so entitled. It was proved that the plaintiff resided about twenty miles from the land. It did not appear that any one was in actual possession when the timber was cut, &c. The Circuit Court charged the jury that,…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the Court,
The. charge was in accordance with the English authorities, and with the decisions in some of the States of the Union. But in North Carolina, New-Yorlc and Connecticut,-it has been held that, where there is no adverse possession, he who has title, though he has never been in actual possession, may maintain the action of trespass.
The situation of,our country requires this modification of the English doctrine. In England, almost all the lands are occupied, but here, the proprietor often lives at a great distance from some of his lands which are not…
2Cited by4 opinions
- Ex parte BurnettSupreme Court of Alabama · 1857
- Case v. ShepherdNew York Supreme Court · 1800
- McCall's Admr. v. CapehartSupreme Court of Alabama · 1852
- Mason v. LewisSupreme Court of Iowa · 1848