Fuller v. Fair
Supreme Court of Alabama
Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Ejectment by J. A. Pair against N. C. Fuller. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Bibb County; B. M. Miller, Judge. Ejectment by J. A. Pair against N. C. Fuller. Judgment for the plaintiff, and the defendant appeals. The following is charge K refused to the defendant: I charge you that where adjoining or coterminous owners agree upon a line as the dividing line, and occupy and claim it as such, the knowledge of such claim by the other, the claim is hostile and the possession adverse, and if you are reasonably satisfied from the evidence that the line along which the three-wire fence was built by E. H. Crawford along the east boundary of lot 51…
1Opinion of the CourtThomas, J.
The action is statutory ejectment.
During the introduction of evidence several exceptions were reserved by defendant to adverse rulings.
[1] Over defendant’s objection and exception, plaintiff was permitted to show by witness Grimes the “reasonable market value of thajt timber — 45,000 feet — in Centerville, stumpage before cut down,” referring to the timber cut by plaintiff from lot 51. In an action for the recovery of land, or the possession thereof, in the nature of an action in ejectment, the plaintiff is permitted to' recover “mesne profits and damages for waste,” or any other injury to…
2Cases cited25 opinions
- Alexander v. WheelerSupreme Court of Alabama · 1881
- Smith v. BachusSupreme Court of Alabama · 1915
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Gunter v. TownsendSupreme Court of Alabama · 1918
- White v. YawkeySupreme Court of Alabama · 1895
20 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lehigh Portland Cement Co. v. DonaldsonSupreme Court of Alabama · 1935
- Granade v. United States Lumber & Cotton Co.Supreme Court of Alabama · 1931
- Ben Cheeseman Realty Co. v. ThompsonSupreme Court of Alabama · 1927
- Norfolk & Western Railway Co. v. Richmond Cedar WorksSupreme Court of Virginia · 1933
- Smith v. Platte Valley Public Power & Irrigation DistrictNebraska Supreme Court · 1949
15 more not listed; retrieve them via the Exa API.