Postal Telegraph Co. v. Brantley
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried before the Hon. James T. Jones. This was an action brought on September 8, 1893, by the appellee, James S. Brantley, against the appellant, the Postal Telegraph Cable Company, to recover the statutory penalty for wilfully and knowingly cutting certain trees from the lands of the plaintiff.
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Appeal from the Circuit Court of Washington. Tried before the Hon. James T. Jones. This was an action brought on September 8, 1893, by the appellee, James S. Brantley, against the appellant, the Postal Telegraph Cable Company, to recover the statutory penalty for wilfully and knowingly cutting certain trees from the lands of the plaintiff. The defendant pleaded the general issue, and by special plea that its agents, employés and servants were not authorized to do the acts complained of in the complaint. Issue was joined upon these pleas. The plaintiff on being introduced as a witness,…
1Opinion of the CourtHead, J.
The deed offered in evidence by plaintiff to prove his ownership of the land on which the trees were cut was not admissible, taken, by itself, without proof of its execution. Though acknowledged by the grantors, it had nob been recorded within one year, and hence did not fall within the terms of the statute permitting such instruments to be received in evidence without further proof. — Code of 1886, § 1798. The bill of exceptions recites that the court below allowed the plaintiff to introduce the deed, against defendant’s objection, “to show color of title.” There would have been no error in…
2Cases cited7 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Louisville & Nashville Railroad v. WhitmanSupreme Court of Alabama · 1885
- Alabama State Land Co. v. KyleSupreme Court of Alabama · 1892
- Kansas City, Memphis & Birmingham Railroad v. HigdonSupreme Court of Alabama · 1891
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- W. E. Belcher Lumber Co. v. YorkSupreme Court of Alabama · 1944
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