Long v. Nadawah Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Monroe County; A. B. Foster, Judge. Action by tbe Nadawah-Lumber Company against V. W. Long and T. A. Moore, for conversion of timber. Judgment for plaintiff, and defendants appeal. Tbe following are tbe counts of tbe complaint referred to in tbe opinion: Second.
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Appeal from Circuit Court, Monroe County; A. B. Foster, Judge. Action by tbe Nadawah-Lumber Company against V. W. Long and T. A. Moore, for conversion of timber. Judgment for plaintiff, and defendants appeal. Tbe following are tbe counts of tbe complaint referred to in tbe opinion: Second. Tbe plaintiff claims of the defendants the sum of $10,000 damages for the wrongfully taking and converting to their own use during the past ten months and on divers and sundry days of said months the following personal property belonging to the plaintiff, to wit: 10,000 pine sawlogs, or timber logs, of the…
1Opinion of the CourtSomerville, J.
[1] Tbe fact that a count charging conversion of chattels after a wrongful taking does not make it any the less a count for conversion, and it is not subject to a demurrer as for joining trespass de bonis and trover in tbe same count.
A wrongful taking is of course a form of conversion, which, being charged as a conversion, waives tbe trespass, and becomes a count in trover only. Tbe demurrers to counts 2 and 3 were properly overruled.
[2] The deed from tbe First National Bank of Pensacola to plaintiff was properly admitted, in evidence. Although tbe premises describe tbe grantor as tbe First…
2Cases cited7 opinions
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Christopher v. Curtis-Attalla Lumber Co.Supreme Court of Alabama · 1912
- Magnetic Ore Co. v. Marbury Lumber Co.Supreme Court of Alabama · 1894
- Goodson v. StewartSupreme Court of Alabama · 1908
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Aiken v. McMillanSupreme Court of Alabama · 1925
- Green v. MarlinSupreme Court of Alabama · 1929
- Irwin v. ShoemakerSupreme Court of Alabama · 1920
- McGill v. HolmanSupreme Court of Alabama · 1922
7 more not listed; retrieve them via the Exa API.