Ward v. Moore
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Ejectment by J. M. Ward and others against Charles J. Moore to recover all the timber growing on a described piece of land, together with damages for detention, and for waste and injury to said land. Judgment for defendant and plaintiffs appeal.
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Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Ejectment by J. M. Ward and others against Charles J. Moore to recover all the timber growing on a described piece of land, together with damages for detention, and for waste and injury to said land. Judgment for defendant and plaintiffs appeal. Ejectment will lie in this state to recover timber growing upon land. — Heflin v. Bingham, 56 Ala. 566; Williams v. Gibson, 84 Ala. 238; Magnetic Ore Go. v. Marbury L. Go., 104 Ala. 407; Inglis v. Freeman, 137 Ala. 300. The effect of the severance is to create two closes, adjoining though…
1Opinion of the CourtMcCLELLAN, J.
The decisive question, as argued by the respective counsel on this appeal, is whether the plaintiffs (appellants) may maintain ejectment for timber under circumstances to be stated.
*405On February 17, 1882, John H. Ward held title to the lands described^ in the complaint. On that date he conveyed them to John M. Krout, incorporating therein, following the' description of the lands by government survey, these words: “The timber on all of this land is exempted above mentioned that will do for lumber. * * *” For the purposes of the present decision only, we take these words to import a reservation,…
2Cases cited2 opinions
- Magnetic Ore Co. v. Marbury Lumber Co.Supreme Court of Alabama · 1894
- Goodson v. StewartSupreme Court of Alabama · 1908
3Cited by11 opinions
- Jasper Land Co. v. Manchester SawmillsSupreme Court of Alabama · 1923
- Cummer Co. v. YagerSupreme Court of Florida · 1918
- Walters v. SheffieldSupreme Court of Florida · 1918
- Long v. Nadawah Lumber Co.Supreme Court of Alabama · 1918
- C. W. Zimmerman Mfg. Co. v. WilsonSupreme Court of Alabama · 1917
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