Stewart v. Clayton

BRADLEY, Judge.

This is a trespass case.

The defendant Mary Ellen Stewart owned certain real property in Etowah County which was adjacent to property owned by the plaintiff. In May 1983 one Tim Cloud notified the defendant that a tree cutter named Ross Vaughn had expressed an interest in purchasing and cutting timber growing on the defendant’s property. Mr. Cloud subsequently arranged a meeting between Vaughn and the defendant.

During the meeting between Vaughn and the defendant, which was held in Mr. Cloud’s office, Vaughn showed the defendant a map of what was purportedly her property. Mr.…