Jacobs v. Roach
Supreme Court of Alabama
■ Appeal from Jackson Circuit- Court. Heard- before Hon.- W. W. Haralson. Action by Lizzie Jacobs against L. R. Roach for damages for trespass to land by entering and cutting timber therefrom. Judgment for defendant and plaintiff appeals. Reservations are construed against the grantee when ambiguous or doubtful. —8 Words & Phrases, 7228; Clark v. Way, 11 Rich'Law, 621; Strauss v. Sheriff, 9 South. 102; 13 Cyc. 676; 9 Dev. on Deeds, 979.
1Opinion of the Court
SAYRE, J.-
Appellant derived her title to certain 40 acres of land through mesne conveyance and devolution from the appellee. The deed from appellee was executed in 1880. In it there was this clause: “Conditions that I retain the right to use cedar timber off said land.” Plaintiff sought to maintain her' action against the defendant for entering upon her land and cutting and carrying away cedar growing there on two theories, aptly expressed in different counts of the complaint: (1) The right of user had been exhausted, before the act complained of, by the exhaustion of the cedar growing upon…
2Cited by10 opinions
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Jasper Land Co. v. Manchester SawmillsSupreme Court of Alabama · 1923
- Webb v. JonesSupreme Court of Alabama · 1909
- Chattahoochie & Gulf Railway Co. v. PilcherSupreme Court of Alabama · 1909
- Barker v. Mobile Electric Co.Supreme Court of Alabama · 1911
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