Shepard v. Mount Vernon Lumber Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Bill by the Mount Vernon Lumber Company against Kate T. Shepard, for partition of land and timber thereon, and for a division. From a decree overruling demurrers to the hill, respondent appeals.
1ConcurrenceMayfield, J.
I fully concur in the conclusion and in the decree rendered in this case. I also concur' in most all that is said in the opinion of Mr. Justice McClellan; but as there seems to be some difference, of opinion, among the Justices, as to the effect of the *331decision and opinion in this case, as well as touching the effect of our former decisions on similar questions, I deem it proper to state the reasons, and to limit it to what I concede to be necessary to a decision of this cause.
The question as to what right or title the appellant OAvner of the land has to the timber sold but not remoAred…
2Cases cited20 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Williams v. FloodMichigan Supreme Court · 1886
- Butterfield Lumber Co. v. GuyMississippi Supreme Court · 1908
- Adkins v. HuffWest Virginia Supreme Court · 1906
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