Powers v. Harris
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. Geo. H. Cbaig. The appellee brought this action against the appellant, to recover damages for the alleged conversion of certain lumber which was used in the construction of three houses on certain lands belonging to a decedent’s estate, on which the appellant was, and had been for several years “ the manager and copartner in planting.” The complaint contains three counts, two in trover and- one in case.
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Appeal from Hale Circuit Court. Tried before Hon. Geo. H. Cbaig. The appellee brought this action against the appellant, to recover damages for the alleged conversion of certain lumber which was used in the construction of three houses on certain lands belonging to a decedent’s estate, on which the appellant was, and had been for several years “ the manager and copartner in planting.” The complaint contains three counts, two in trover and- one in case. It is not necessary to a report of the cause, that the averments of the special count in case should be set out. On the trial, had upon the…
1Opinion of the CourtStone, J.
When this case was before us at a former term—57 Ala. 139—we said : “ Houses, as a general rule, are part of the freehold, and pass or descend with the land. The prima facie intendment is that they are part of the realty ; and if there be no proof to take tbe case without the general rule, they are part and parcel of the land, and whoever owns the land owns the houses standing thereon.” The *411lumber for the conversion of which this action was brought, being part and parcel of a house or houses, and having been employed therein, in their erection, it was incumbent on plaintiff to prove it was…
2Cases cited1 opinion
- Bowen v. Hope InsuranceMassachusetts Supreme Judicial Court · 1838
3Cited by14 opinions
- Kemp Motor Sales, Inc. v. LawrenzSupreme Court of Alabama · 1987
- Nelson v. KellySupreme Court of Alabama · 1890
- Stone v. TyreeWest Virginia Supreme Court · 1888
- Middleton v. Alabama Power Co.Supreme Court of Alabama · 1916
- Nelson v. HowisonSupreme Court of Alabama · 1898
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