Lyons v. Stickney
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. Action by Thomas F. Stickney in trespass and trover for cutting and removing trees brought against Robert Lyons and others, following a recovery by* Stickney, against them in ejectment. Judgment for plaintiff and defendant's appeal.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Sapfold Berney. Action by Thomas F. Stickney in trespass and trover for cutting and removing trees brought against Robert Lyons and others, following a recovery by* Stickney, against them in ejectment. Judgment for plaintiff and defendant's appeal. The recovery in ejectment is not evidence of possession or the right to possession beyond or back of (in statutory ejectment) the bringing of the suit. — Henry v. Davies, 149 Ala. 357; 11 Am. Dec. 196; 6 Am. Dec. 489; 2 Burr. 668; Adams on Ejectment, 388-9-90. It was not competent to…
1Opinion of the CourtSayre, J.
Appellee, having first recovered judgment against appellants, in a suit brought in 1905, for a certain tract of land in a statutory action in the nature of ejectment, and having been restored to possession, brought this action in 1907, declaring in trespass for an injury done to the freehold by cutting trees, and in trover for the conversion of the trees so cut by appellants while in possession. In the ejectment suit there was no claim for the damages now sued for, nor could they have been recovered in that action.—Prestwood v. Watson, 111 Ala. 604, 20 South. 600. Now the statute provides…
2Cases cited6 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Prestwood v. WatsonSupreme Court of Alabama · 1895
- Carlisle v. KillebrewSupreme Court of Alabama · 1889
- Beatty v. BrownSupreme Court of Alabama · 1884
- Fry v. Branch Bank at MobileSupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Alexander v. LetsonSupreme Court of Alabama · 1942
- McCay v. ParksSupreme Court of Alabama · 1918
- Pearce v. Aldrich Mining Co.Supreme Court of Alabama · 1913
- Quinn v. Pratt Consolidated Coal Co.Supreme Court of Alabama · 1912
- Robinson v. InzerSupreme Court of Alabama · 1915
2 more not listed; retrieve them via the Exa API.