Elmore v. Fields
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. A. H. Alston. Action by Dennis Elmore and others against S. D. Fields. From a judgment for defendant, plaintiffs appeal.
Read the full summary
Appeal from Elmore Circuit Court. Heard before Hon. A. H. Alston. Action by Dennis Elmore and others against S. D. Fields. From a judgment for defendant, plaintiffs appeal. Tbe second count in tbe complaint is as follows: “Plaintiff claims of tbe defendant tbe further sum of $2,000 as damages for trespass on a tract of land belonging to them in tbe county of Elmore and cutting therefrom a large number of trees, toxvit, 1,000; said trespass being committed during tbe month of August, 1902, and tbe land upon which it xvas committed being a strip of timber land on the northern border of…
1Opinion of the CourtAnderson, J.
— In an action of trespass quare clausum fregit, the premises need not be described by metes and bounds, or by the government survey; but it ' should be sufficiently certain as to the locus in quo to ' put the defendant on notice of same, and the description should not be misleading. — Bessemer Land Co. v. Jenkins, 111 Ala. 135, 18 South. 565, 56 Am. St. Rep. 26; *350O’Neal v. Simonton, 109 Ala. 167, 19 South. 412; Pike v. Elliott, 36 Ala. 69; 2 Chitty on Pl. 609; 21 Am. & Eng. Ency. of Pl. & Pr. 818. The trial court erred in sustaining the demurrer to the second count of the complaint.
The state…
2Cases cited10 opinions
- United States v. LeeSupreme Court of the United States · 1882
- Tindal v. WesleySupreme Court of the United States · 1897
- Gibbons v. United StatesSupreme Court of the United States · 1869
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Bourn v. HartCalifornia Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Ex Parte CranmanSupreme Court of Alabama · 2000
- Barnes v. DaleSupreme Court of Alabama · 1988
- DeStafney v. University of AlabamaSupreme Court of Alabama · 1982
- Riddoch v. StateWashington Supreme Court · 1912
- Gill v. SewellSupreme Court of Alabama · 1978
31 more not listed; retrieve them via the Exa API.