Grief Bros. Cooperage Corp. v. Stacey

LIVINGSTON, Chief Justice.

A. G. Stacey and J. H. Stacey were brothers. They owned, jointly, 1,020 acres of timber lands in Monroe County, Alabama. ■ On March 12, 1942, the brothers entered into an oral agreement under the terms of which J. H. Stacey purchased from A. G. Stacey his undivided one-half interest in the timber on the land measuring, as to the pine timber 12 inches and up, 6 inches from the ground, and as to the hardwood timber, 14 inches and up, 6 inches from the ground, all as of the date of March 12, Í942.

Later,- J. H. Stacey, having cut and removed some of the timber, and a…