W. B. Paterson Lumber Co. v. Patrick
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County ; Norvell B. Leigh, Jr., Judge. Suit by Charles T. Ezell, revived after his death by B. W. Patrick, as administrator, and C. Agnew Ezell, against W. B. Paterson, individually, and W. B. Paterson doing business under the name and style of the W. B. Paterson Lumber Company. C. Agnew Ezell stricken as a party plaintiff, and judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Mobile County ; Norvell B. Leigh, Jr., Judge. Suit by Charles T. Ezell, revived after his death by B. W. Patrick, as administrator, and C. Agnew Ezell, against W. B. Paterson, individually, and W. B. Paterson doing business under the name and style of the W. B. Paterson Lumber Company. C. Agnew Ezell stricken as a party plaintiff, and judgment for plaintiff, and defendant appeals. The claim is for a certain amount of damages for stumpage of timber and to fix a lien on the lumber cut from the trees, and the claim is'also stated as for the breach of an agreement made…
1Opinion of the Court
ANDERSON, O. J.
[1] The amendment of the complaint, by striking out Agnew Ezell as a party plaintiff, was permissible. Section 5367 of the Code of 1907; Acts of 1915, p. 605.
[2] It has been settled by this court that the lien for stumpage, created by section. 4814 of the Code of 1907, extends to and includes the lumber produced by the manufacture of the timber sold. Winfield Lumber Co. v. Partridge, 80 South. 823; Thornton v. Dwight Mfg. Co., 137 Ala. 211, 34 South. 187. Hence there is no merit in any of appellant’s assignments of error which suggest that Ezell’s lien for stumpage did not…
2Cases cited4 opinions
- Cooper v. SlaughterSupreme Court of Alabama · 1912
- Wright v. StateSupreme Court of Alabama · 1902
- Barron v. Mobile & Ohio RailroadAlabama Court of Appeals · 1911
- Thornton v. Dwight Manufacturing Co.Supreme Court of Alabama · 1902
3Cited by9 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Burkett v. NewellSupreme Court of Alabama · 1924
- Coffman v. FoldsSupreme Court of Alabama · 1927
- Ennis v. WhitakerSupreme Court of Alabama · 1968
- Prescoat v. HesterSupreme Court of Alabama · 1928
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