Black v. W. T. Smith L. Co.
Supreme Court of Alabama
Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Action by M. E. Black and another against the W. T. Smith Lumber Company. From a judgment for defendant, plaintiffs appeal. The pleas were: (1) “That the cause of action was barred by the statute of limitation of ten years.”
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Appeal from Crenshaw Circuit Court. Heard before Hon. A. E. Gamble. Action by M. E. Black and another against the W. T. Smith Lumber Company. From a judgment for defendant, plaintiffs appeal. The pleas were: (1) “That the cause of action was barred by the statute of limitation of ten years.” (2) “That the defendant and those under whom they claim have been the owners of and in the adverse possession of the saw pine timber 12 inches and up at the stump on the lands described in the complaint, claiming the same as its own, since March 2, 1889, and that, if defendant cut other logs than said…
1Opinion of the Court
de GRAFFENRIED, J.
-The original complaint consisted of two counts. These counts were for damages for a trespass to realty. To this complaint three other counts in trover were added by amendment, bnt the court sustained a demurrer to these three additional counts. Thereupon the plaintiffs further amended their complaint by the addition of two other counts in trover. These counts allege the wrongful conversion by the defendant of certain logs, the property of the plaintiffs, and as all of the matters set up in the three counts, to which demurrers were sustained, could have been and were…
2Cited by7 opinions
- Britling Cafeteria Co. v. IrwinSupreme Court of Alabama · 1935
- MacMahon v. City of MobileSupreme Court of Alabama · 1949
- Street v. BrowningSupreme Court of Alabama · 1920
- Webb v. WebbSupreme Court of Alabama · 1955
- Yancey v. DenhamSupreme Court of Alabama · 1924
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