W. T. Smith Lumber Co. v. Jernigan
Supreme Court of Alabama
Appeal from Butler Chancery Court. Heard before Hon. L. D. Gardner. Bill by the W. T. Smith Lumber Company against J. T. Jernigan and another to restrain each of them from interfering with the complainant in entering upon the lands described, and removing and cutting all hard wood timber growing thereon, suitable for sawlogs, for an accounting, and for a perpetual injunction upon final hearing. From a decree for respondent complainant appeals.
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Appeal from Butler Chancery Court. Heard before Hon. L. D. Gardner. Bill by the W. T. Smith Lumber Company against J. T. Jernigan and another to restrain each of them from interfering with the complainant in entering upon the lands described, and removing and cutting all hard wood timber growing thereon, suitable for sawlogs, for an accounting, and for a perpetual injunction upon final hearing. From a decree for respondent complainant appeals. Appellant cannot maintain its bill until title to the timber in controversy was settled in a court of law. — Ashurst v. McKenzie, 92 Ala. 484; Hamilton…
1Opinion of the Court
de GRAFFENRIED, J.
On the 11th of June, 1896, the appellant executed and delivered, to those through whom the appellees claim the land upon which the timber hereinafter referred to is situated, a deed conveying said land. In the deed there is the following clause: “The W. T. Smith Lumber Company reserves all the timber suitable for sawlogs that is and will be 12 inches and over in diameter three feet above the ground, or at the top of the stump, at the time said timber is cut, together with the rights of way for carts, drays, trams, *127tramways, and railroads on and through the above-described…
2Cases cited2 opinions
- Kaul v. WeedSupreme Court of Pennsylvania · 1902
- Gulf Yellow Pine Lbr. Co. v. MonkSupreme Court of Alabama · 1909
3Cited by5 opinions
- Nettles v. LichtmanSupreme Court of Alabama · 1934
- May v. LowerySupreme Court of Alabama · 1925
- Douglas & Mizell v. Ham Turpentine Co.Supreme Court of Alabama · 1923
- Brown v. HuckabaaSupreme Court of Alabama · 1956
- Houlton v. MoltonSupreme Court of Alabama · 1942