Rothschild v. Bay City Lumber Co.
Supreme Court of Alabama
Appeal from tlie Chancery Court of Monroe. Heard before the Hon. Thomas H. Smith. The bill in this case was filed on April 23, 1903, by the appellees, the Bay City Lumber Company, a corporation, and the Sullivan Timber Company, a corporation, and W. H. Louisell, against the appellants, K. E. Rothschild, A. F. Rothschild, and T. Rothschild, partners doing business under the firm name of Rothschild & Brothers, and Morris W. Simmons and his wife, Martha Simmons.
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Appeal from tlie Chancery Court of Monroe. Heard before the Hon. Thomas H. Smith. The bill in this case was filed on April 23, 1903, by the appellees, the Bay City Lumber Company, a corporation, and the Sullivan Timber Company, a corporation, and W. H. Louisell, against the appellants, K. E. Rothschild, A. F. Rothschild, and T. Rothschild, partners doing business under the firm name of Rothschild & Brothers, and Morris W. Simmons and his wife, Martha Simmons. W. H. Louisell. was subsequently stricken out as a party complainant. The facts stated in the bill and bearing upon the issue involved…
1Opinion of the Court
SHARPE, J. —
The mortgage of Morris W. and Martha Simmons to Rothschild & Brothers left in those mortgagors, or one of them, the equitable ownership of the land, and their deed to Louisell conveyed to the latter that ownership to the extent of the timber trees mentioned in the deed as “growing, standing and being” on the land. When not stipulated to the contrary, a deed to the trees standing on timbered land conveys an interest in the land, as distinguished from an interest in the trees, considered as chattels. — Heflin v. Bingham, 56 Ala. 566, 28 Am. Rep. 776; Magnetic Ore Co. v. Marbury…
2Cases cited4 opinions
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Heflin v. BinghamSupreme Court of Alabama · 1876
- Magnetic Ore Co. v. Marbury Lumber Co.Supreme Court of Alabama · 1894
- Pate v. HinsonSupreme Court of Alabama · 1894
3Cited by15 opinions
- C. W. Zimmerman Mnfg. Co. v. DaffinSupreme Court of Alabama · 1906
- Copeland v. WarrenSupreme Court of Alabama · 1926
- Goodson v. StewartSupreme Court of Alabama · 1908
- Baker, Lyons & Co. v. Eliasberg & Bros. Mercantile Co.Supreme Court of Alabama · 1918
- Vizard v. RobinsonSupreme Court of Alabama · 1913
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